Terms And Conditions
Cubiko – User Terms
Cubiko - User Terms
These terms govern the relationship between Cubiko Pty Ltd (ACN 624 244 140) (‘we,’ ‘us,’ ‘our’) and individual users of our services (‘you,’ ‘your’).
Please read the terms carefully. Logging in, access to or use of our services indicates an acceptance of these terms as a binding agreement.
These terms may be changed by us from time to time. Changes are published on the Cubiko website and take effect on your next login following such publication.
1. Background
Operative Terms
1. Interpretation
In these terms:
“IP Rights” is an abbreviation for “intellectual property rights” and includes copyright, patent rights, brand and trade mark rights, rights associated with databases, rights associated with trade secrets and confidential information, and the right to exploit, register or enforce any of those rights anywhere in the world.
“Services” means providing the Cubiko services more specifically described in support materials provided by us. In general terms the Services comprise obtaining business data, analysis of that data by our systems, and presentation of various analyses of that data to support business operations and decision-making. We may modify the Services from time to time.
2. Services
2.1 We provide the Services subject to this agreement.
2.2 We are an IT services provider that provides processing and analysis of client data on an outsourced basis. We provide the Services at our clients’ request and for their benefit, and uploaded data remains practically and legally under client ownership and control. You acknowledge that no license to the Services is being provided to you but rather you are solely being provided access to the Services through our client who has authorised your access.
2.3 You may only use the Services for the internal business analysis purposes of the relevant medical practice or practices. You must not use the Services for any other purpose, or on-provide or re-sell any of them. You must not attempt to circumvent any security mechanism or control present in the Services. While using the Services, you must only view the data of the practice(s) that have expressly authorised your access.
2.4 While we take all reasonable steps to limit any interruptions to your use of the Services, you acknowledge that internet connectivity, hosting and ICT services are not error-free or available continuously. There may be periods when the Services are not immediately available to you, or when we cannot action your requests, despite our efforts. We are not liable to you for any such service interruptions.
2.5 You must use the Services lawfully. You must not permit to be uploaded material that is unlawful to possess or transmit, that contains any virus or harmful code or program that is designed to impair the performance of the Services or any device accessing the Services, is defamatory, impersonates another person, infringes anyone’s IP Rights, interferes with anyone’s privacy, or which would be likely to cause offence to a reasonable adult.
2.6 We take the security of the Services and the privacy of individual users very seriously. You agree that you will not do anything to prejudice the security or privacy of the Services or of the information on our systems. Where any aspect of the Services is secured by an access credential such as a password, you must keep that credential confidential. You must not share an access credential between multiple individuals. You must advise us as soon as possible if a credential is disclosed or compromised. You are taken to have authorised any access or action taken using an access credential issued to you.
2.7 We will do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards, however you accept that the internet is not a fully secure environment, and we cannot accept responsibility for misuse or loss of, or unauthorised access to or disclosure of, information where the security of the information is not within our control. If you provide us with information via the internet, you do so accepting this risk.
3. IP Right, privacy and confidentiality
3.1 We own the IP Rights in the Cubiko name and brand, the Cubiko website and app, and in the software and systems we use to provide the Services.
3.2 We do not make any claim to own IP Rights in data uploaded to our systems. Our client (or the relevant third-party owner) continues to own the IP Rights in client data.
3.3 We will treat data uploaded by you to our systems as confidential. Subject to this agreement, we will not disclose it to any other person except where necessary to provide the Services, where permitted by law, or where the data is or has become public.
3.4 During the term of this agreement, you grant us a licence to store, reproduce, analyse and communicate data uploaded to our systems by you, but only for the purpose of providing the Services.
3.5 Each of us acknowledges that data uploaded to our systems may include health information and other sensitive information. Our privacy policy describes our approach to management and security of personal information. You must ensure that you comply with Australian information privacy law in respect of the information you provide to us for the purposes of our provision of the Services.
3.6 Uploaded data may be provided to our subcontractors and service providers (eg, our cloud hosting service provider) for the purposes of assisting us to provide the Services. Any such provision will be in accordance with our published privacy policy. We may use your contact information to provide information related to the Services to you from time to time.
4. Liability
4.1 The Services are provided “as-is.” We exclude any term about the Services not expressly stated in this agreement.
4.2 The Services include output-producing analysis such as dashboard displays of data. We are not responsible for the correctness or completeness of such output, as it depends on uploaded data. Neither are we responsible for interpreting or taking any steps in response to that output, as those are business decisions for our Services clients.
4.3 The Services are a business tool and not a clinical decision-making tool nor a substitute for appropriate professional consideration of clinical issues. You must not use or rely on the Services for clinical decision-making.
4.4 We have no liability to you in respect of the Services, whether in contract, negligence, or otherwise. In particular, we have no liability to you for any consequential loss, lost revenue or profits, lost or unauthorised access to data, lost access or productivity, interference with privacy, business interruption, or any special, indirect or incidental loss, related to the Services. These exclusions apply even if we knew or should have known that you might suffer loss.
4.5 We take technical steps to minimise the risk of unauthorised access to uploaded data. You acknowledge that our taking such steps reduces but cannot entirely eliminate the risk of unauthorised access. We have and accept no liability to you or any other person for unauthorised access to uploaded data.
4.6 We endeavour to provide a high level of data availability from and durability within our systems. However, the Services do not constitute a data backup or redundancy service and we have no liability to you for the unavailability or loss of data uploaded by you.
4.7 We are not liable for any delay or failure to provide the Services caused by circumstances outside our control, including failure of a third party to provide products or services to us.
4.8 If any term is implied by law in this agreement and cannot be excluded, then we limit our liability to you under that term to (at our option) the resupply of the affected Services, or payment of the cost of their resupply.
5. Other terms
5.1 We can assign this agreement to an entity which acquires substantially all of our relevant business, or for the purpose of corporate reorganisation.
5.2 We may in our sole discretion evoke, suspend, or terminate your access to use the Services. If we permanently terminate your use of the Services, information we have collected about you may be either permanently deleted or de-identified, or retained in accordance with any applicable regulatory requirements. Termination of your access to use the Services will not affect any accrued rights, indemnities, or any other provision of these terms which are intended by their nature to survive termination.
5.3 This agreement may be signed electronically by a method nominated by us. By using the nominated method, a party is taken to have consented to the use of that method and to have properly executed this agreement.
5.4 Queensland law applies to this agreement.