CT Operations Pty Ltd (ACN 606 091 258)—trading as Oculo™
Updated: 25 January 2024
Optional Trial Period
Oculo may allow access to and use of the Platform and Services on a trial basis and for an additional period as Oculo may in its sole discretion decide (Initial Term) starting on the day on which You (or another person on Your behalf) pays the then current applicable annual or monthly subscription fee in respect of Your access to and use of the Platform and Services (Subscription Fee).
Access and Registration
Access and Registration To access and use our Services, you will need to create an account with us (Account) complete the registration and log-in process on our Platform – for ophthalmologists https://www.oculo.com.au/contact and for optometrists https://www.oculo.com.au/contact. You must be a registered user to access and use our Platform and Services. You acknowledge that Oculo may accept or reject your registration or sign up at its sole discretion. You must provide accurate, current and complete information during the registration process and keep your Account and profile page information up-to-date at all times. You may not assign or otherwise transfer your Account to another party.
We will implement good practice security safeguards that are reasonable in the circumstances in compliance with all applicable laws to prevent loss, unauthorised access, use, modification or disclosure of all Data/ and against all other misuse.
For any Personal Information forming part of Your Data and/or content provided to us or obtained by Us, you acknowledge that:
We will comply with any reasonable request from You to access any Personal Information forming part of your data on the Platform, subject to compliance with all Privacy Laws and to the extent practicably feasible.
You must access and use the Platform and Services in a diligent and professional manner, in good faith and for a proper purpose, and in accordance with all Applicable Laws, including Privacy Laws. Without limiting the foregoing, in accessing and using the Platform and Services, you warrant that you comply, and maintain compliance with, at a minimum, the following standards, codes and guidelines may be applicable to You (or Your Location), as each of the following may be amended or replaced from time to time) (together, Codes of Conduct), namely:
You acknowledge and agree that Oculo may at its sole discretion enable You through your Account, on or via the Platform, to:
(i) create, upload, post, send and receive and store Data, materials, content and information and (ii) access, browse and view any other Health care Provider user information, including Data and content licensed or authorised by such other Health care Provider users for sharing on or via the Platform.
Without limiting the foregoing or your obligations under all applicable laws (including Privacy Laws), by creating, uploading Data and content and using the Platform and the Services, You acknowledge and agree that:
Where a Patient does not provide consent to permit You to provide Patient Data to Oculo for the above permitted purposes, You must not upload any such Data, content or other information to the Platform.
Consent to Receive Electronic Referrals
If You receive Patient referrals via the Platform, You agree that a Patient referral via the Platform constitutes, a referral for the purposes of the Health Insurance Act 1973 (Cth) and the Health Insurance Regulations 1974 (Cth) and any equivalent New Zealand health codes, legislation or regulations. You agree that such a referral may be communicated electronically and You consent to the receipt of the referral (whether signed electronically or otherwise) once submitted under the name of the relevant Health care Provider.
You may only access or use the Platform and the Services, including Data and content for the purpose of providing clinical care to an existing Patient or to a Patient referred to You (as appropriate). You must not use the Platform or the Services, including Data and content to solicit any Patient directly who has not been the subject to a referral or otherwise to gain an improper advantage or unauthorised Patient access for Yourself or someone else.
Platform Use and Account Maintenance
You may only access and use the Platform via Your unique Account and credentials, including username and password. You must keep your Account details and credentials safe, secure and secret, and must not share them with anyone else, and must prevent unauthorised use of the Platform. You must comply with all policies of Oculo contained in, or referred to on, the Platform or as otherwise communicated to You by or on behalf of Oculo from time to time. You must immediately notify Oculo if you know or have any reason to suspect: (i) that your credentials and passwords have been lost, stolen, misappropriated, or otherwise compromised or (ii) any actual or suspected unauthorized use of your Account. You are solely liable for any and all activities conducted through your Account, whether by your authorised employee, contractors or other permitted user access to the Account (including any content and data posted or uploaded on the Platform). Oculo accepts no responsibility or liability for any activities conducted on or via your Account.
Where You use the Platform or Content to message other service providers it is Your responsibility to ensure that electronic messages sent via the Platform are acknowledged by the recipient. The message delivery process is not complete until You have received a response from the recipient of a message. You agree to re-send any unacknowledged messages via the Platform at regular intervals [for a period of up to one week].
You will not (and will procure that your employees, agents and contractors and related parties and Patients do not):
You are solely responsible for any actions and communications undertaken or transmitted under Your Account (whether authorised or not).
You acknowledge that the accessibility and functionality of the Platform may require a connection to the internet and may be affected by the strength of the internet connection, browser and computer system. Oculo reserves the right to set a maximum amount of network bandwidth, memory, or other computer storage that You may use, and a maximum amount of Data that You may store, upload, post, disseminate, or otherwise transmit, on or through the Platform. Also, Oculo employs best endeavours to guarantee the security of any Data, materials, information or content transmitted on the Platform.
Subscription Fees and Payment
You (or another person on Your behalf) must pay the Subscription Fees as set out at https://www.connect.oculo.com.au/ophthalmology-pricing for ophthalmologists and https://www.connect.oculo.com.au/optometry-pricing for optometrists and at the times set out at https://www.connect.oculo.com.au/ophthalmology-pricingfor ophthalmologists and https://www.connect.oculo.com.au/optometry-pricing for optometrists or as otherwise specified by Oculo in writing on any invoice or separate terms document.
All amounts payable to Oculo must be paid in Australian dollars, unless otherwise indicated at https://www.connect.oculo.com.au/ophthalmology-pricing for ophthalmologists and https://www.connect.oculo.com.au/optometry-pricing for optometrists. You are solely responsible for considering the impact of current currency exchange rates on any payments and for ensuring payment in the required currency in cleared funds.
All Subscription Fees are exclusive of any applicable taxes, including GST. If any amounts are required by law or regulation to be withheld from any payment due to Oculo and paid to a relevant taxation authority, You must remit such amounts to the relevant taxation authority but without reduction in the payment(s) to Oculo.
Ownership and Licences
So that We can provide Your Data and content to the Health care providers to whom You refer a Patient or communicate with respect to a Patient’s clinical care via the Platform, You authorise Us to exercise certain intellectual property rights in Your Data. Similarly, so that You are able to receive and use Data and content provided by other Health care providers via the Platform, We authorise You to exercise certain intellectual property rights in that Data.
We may generate sets of depersonalised, anonymised and aggregated data from the Data that You provide to us (Depersonalised Data). Any Depersonalised Data is and will be anonymised and depersonalised in accordance with all applicable laws and does not and will not contain any Personal Information at any time.
We own, and You assign to Us, any Intellectual Property Rights that may subsist in any Depersonalised Data, and you acknowledge that We may use such Depersonalised Data for marketing, research and other commercial purposes including:
Intellectual Property Rights
Notice of Inappropriate Use or Data Breach
Links to Third Party Websites
The Platform may contain links to third party websites and You acknowledge that Oculo does not control any third party website or any products or services offered by third parties through the Platform. These links do not constitute an endorsement, sponsorship, affiliation, association or recommendation by Oculo of the linked websites or any content or products available on or through such sites. If You decide to visit any linked site, You do so at Your own risk and it is Your responsibility to take all protective measures to guard against viruses or other destructive elements.
Suspension and Termination
If Oculo reasonably believes You are, or are likely to be, involved in any appropriate use of the Platform, including but not limited to phishing activity, We may suspend Your Account at any time without notice to You.
If You wish to cease using the Platform and the Services at any time during the Term (other than during a Trial Period), You may do so for any reason at any time. You must follow the appropriate administrative procedures at the relevant Location to enable You to do so (e.g. by contacting Your Location’s practice manager or equivalent) or, if You are a sole practitioner, by notice in writing to Oculo addressed to email@example.com or firstname.lastname@example.org and We will implement Your request promptly, within 2 Business Days. For security reasons, requests to cancel Your Account via phone will not be effective, and Oculo will not be liable for any loss arising in connection with such an attempted cancellation.
If Your Account is terminated (either by You or Us):
Disclaimers, Limitations of Liability and Indemnity Medical Disclaimer
Data on the Platform is provided by Health Care Providers for use by Health Care Providers. As Data is submitted by Health Care Providers (including You), Oculo cannot guarantee its accuracy and assumes no legal liability or responsibility for the accuracy, currency or completeness of any Data. You must make Your own independent assessment of the currency, relevance and accuracy of any Data relating to a Patient before accessing or using that Data, making any authorised referrals or suggesting a diagnosis or recommending or instituting a course of treatment for that Patient.
The Platform and Services, including all Data, is provided on an “as is” and “as available” basis.
To the maximum extent permitted by applicable laws, You expressly agree that:
Limitation of liability
To the maximum extent permitted by applicable laws, Oculo excludes and limits its liability:
(i) to any person for loss or damage of any kind (howsoever caused, including by negligence) arising from or relating in any way to any access to, use, suspension or termination of the Platform and the Services by You, Your Patients, users or any other party;
(ii) for any special, indirect, consequential or incidental damages;
(iii) arising out of or in connection with Your Patient misdiagnosis, defamation, loss of profits or revenues, business interruption, loss of programs, loss of data, content, information, materials, Data (including Personal Information), costs of replacement goods or services, or otherwise,
even if, in each case, we have been expressly advised of the possibility of such liability, loss or damages.
(i) $500; or
(ii) the relevant portion of the most recent Subscription Fee paid by You or on Your behalf, such portion to be calculated by dividing such fee by the number of Patients using the Platform and the Services as at the date of payment of that Subscription Fee.
Governing Law; Venue and Jurisdiction Applicable Law
Amendment and Severability
Account means a Health Care Provider's Account on the Platform which enables them to access the Platform and the Data held on the Platform.
Business Days means a day on which banks are open for business, excluding Saturdays, Sundays and public holidays in Victoria, Australia.
Content means text, graphics, images, scans, pictures, photos, animations, music, software, audio, video, information or other materials in any format.
Intellectual Property Rights means all industrial and intellectual property rights of any kind including but not limited to copyright (including rights in computer software), trade mark, service mark, design, patent, trade secret, semiconductor or circuit layout rights, trade, business, domain or company names, rights in confidential information, know how or other proprietary rights (whether or not any of these are registered and including any application for registration), and all rights or forms of protection of a similar nature, or having equivalent or similar effect to any of these, which may subsist anywhere in the world.
Location means the “bricks and mortar” premises at which You provide health care services (whether as an employee, contractor, owner or otherwise).
Patient means any individual who is has sought health care treatment or attending as an Patient of You as a Health care Provider.
Personal Information means an opinion or information about an identified or reasonably identifiable individual, whether recorded in material form or not.
Privacy Laws means any legislation (to the extent You or Oculo are subject to it), whether Australian or otherwise, which affects privacy or any Personal Information (including the collection, storage, use or processing of such information), including the Privacy Act 1988 (Cth), and any codes of conduct, recommendations, directives or orders made or issued under such legislation or similar anywhere in the world.
© 2016 - 2022 Oculo. 'Oculo’ and the Oculo logo are trademarks of CERA Technologies Pty Ltd and are used under licence by CT Operations Pty Ltd.