Real-Time Health Emergency Monitoring System - RHEMS

By accessing or using the Real-Time Health Emergency Monitoring System (RHEMS) Stakeholder View Web Module (Web Module) you agree to be bound by, and comply with, the following terms and conditions of use (Terms of Use). If you do not agree with any of these Terms of Use, then you must not use the Web Module. You will be deemed to have accepted these Terms of Use if you access and use the Web Module. The Department of Health and Human Services (Department) reserves the right to modify these Terms of Use at any time at its discretion.
 
In these Terms of Use, "you" and "your(s)" refer to the person or organisation accessing and using the Web Module. "We", "us" and "our" refer to the State of Victoria, including the Department.
 
Purpose of Use
Access to and use of the Web Module, including but not limited to data, text, graphics, images, links and references contained therein (Content) is provided solely for the purpose of provision of emergency management services in Victoria (Purpose). You agree not to use the Web Module or the Content for any purpose other than the Purpose.
 
User Passwords and Security
You must keep your user credentials (including user name and password) strictly confidential at all times. You must not disclose your user name or password to any other person or entity. Unauthorised use and allocation of user names and passwords may lead to your access to the Web Module being suspended or terminated. You must immediately notify the Department if you become aware that your password details have been compromised or are known by a third party, or if there has been unauthorised use of your user credentials. You must not upload any data or other attachments or encrypted communications that have the ability to transfer Content or load malicious files onto the Web Module.
 
Suspension and Termination of Access
You acknowledge and agree that the Department may, at its absolute discretion, at any time, without notice to you, temporarily suspend, indefinitely suspend or terminate your access to the Web Module. The Department may monitor access by users to the Web Module. For the avoidance of doubt, any suspension or termination of access to the Web Module shall not affect the provisions of these Terms of Use which, by their nature, would reasonably be expected to survive such suspension or termination (including but not limited to provisions concerning confidentiality, limitation of liability, indemnity and intellectual property).
 
Ownership of Intellectual Property
All intellectual property in the Web Module and the Content is owned by the State of Victoria or is used by the State of Victoria under license. Except as expressly permitted by these Terms of Use, you may not in any form or by any means adapt, reproduce (including but not limited to taking screenshots or photos of the Web Module or the Content), store, create derivative works, distribute, print, display, perform, publish or commercialise any information, data or documentation obtained from the Web Module, without obtaining prior written permission from the State of Victoria, obtained through the Department. The Department reserves the right to grant or refuse permission or to impose any conditions on any permission that may be granted.
 
Disclaimer of Warranties
The Web Module and the Content are provided on an ‘as is’ basis and all warranties, express or implied, are disclaimed to the maximum extent permitted by law, including but not limited to warranties that the Web Module will be functional and that any Content is accurate, current, complete and correct. Neither the State of Victoria nor the Department represents or warrants that the Web Module or Content will be available uninterrupted or error free, that any defects in the Web Module or Content will be corrected or that the Web Module or its supporting systems are free of viruses, malware or other malicious content.
 
You acknowledge and agree that neither the State of Victoria nor the Department will be liable for any corruption or failed transmission of any information that is attributable to your computer system or to the system of or any act or omission of your Internet Service Provider (ISP). You acknowledge and agree that you must take your own precautions to ensure that the process which you employ for accessing the Web Module does not expose you to the risk of viruses or other form of interference that may damage your own computer system. For the removal of doubt, neither the State of Victoria nor the Department accepts liability for any interference or damage to your computer system which arises in connection with your accessing of the Web Module. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Module.
 
Limitation of Liability
Neither the State of Victoria nor the Department accepts responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use or misuse of the Web Module or the Content, nor do they accept any responsibility for any such loss arising out of your use of or reliance on Content contained on or accessed through the Web Module.
 
Without derogating from the generality of the foregoing, to the maximum extent permitted by law, the State of Victoria and the Department exclude any liability to you for any of the following types of loss or damage (which you may suffer as a result of your use of the Web Module or the Content), whether the losses were foreseen, foreseeable, unforeseen, unforeseeable, known, unknown or otherwise: (a) any loss which arose when you first accessed the Web Module; (b) any loss due to the Web Module not being available at any particular time; (c) any business loss you may suffer, including loss of revenue, loss of profits or loss of anticipated savings (whether those losses are the direct or indirect result of default on the part of the State of Victoria or the Department); (d) any loss which you suffer other than as a result of the State of Victoria’s or the Department’s negligence or breach of statutory duty; (e) any loss suffered due to the default of any party other than the State of Victoria or the Department; (f) any loss due to the non-availability or failure of any telecommunications or computer services, systems, equipment or software operated or provided by you or any third party; and (g) any loss or damage caused by any other event not reasonably within the control of the Department.
 
Indemnity
You agree to indemnify and hold harmless the State of Victoria and the Department against any and all claims, liabilities, damages, losses and expenses, including reasonable legal fees and costs arising out of, or in any way connected with, your misuse or inappropriate or unlawful use of the Web Module or Content or violation of these Terms of Use.
 
Confidentiality
You acknowledge and agree that the Web Module and Content must be treated as strictly confidential and you are not permitted to access, use, communicate, reproduce, modify, retain, distribute or otherwise divulge the Web Module or Content, or any part thereof, to any person or entity, in any form or manner whatsoever, except for the express Purpose permitted herein, or otherwise with prior written approval from the Department.
 
Privacy Statement
The Department endorses fair information handling practices and use of information in compliance with its obligations under the Privacy and Data Protection Act 2014 (Vic), the Health Records Act 2001 (Vic) and the Emergency Management Act 2013 (Vic).
 
Accessibility Statement
The Department is committed to ensuring that authorized users with disabilities can access the Web Module and Content. Every effort has been made to ensure that the Web Module reaches AA standard accessibility according to the World Wide Web Consortium (W3C). The Department continues to review and improve the accessibility of the Web Module to meet compliance standards.
 
Compliance with Laws
You agree to use the Web Module in a manner that is consistent with these Terms of Use and all applicable laws, regulations, codes and policies.
 
Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Victoria. Any dispute arising pursuant to these Terms of Use shall be subject to the exclusive jurisdiction of the courts of the State of Victoria.

Access and use of RHEMS, including but not limited to data, text, graphics, images, links and references (collectively Information) is provided solely in connection with the provision of emergency management services within Victoria.

You acknowledge and agree that all Information retrieved from, or uploaded to RHEMS , must be treated as strictly confidential and that you are not permitted to access, use, communicate, reproduce, modify, retain, distribute or otherwise divulge Information, except as permitted above, or otherwise with approval from the department.