Terms & Conditions
CFEP (“we”, “us” or the “Company”), is a provider of high-quality survey products, services and support offerings to health organisations, professionals and patients to support healthcare professionals with insights into the quality of their patient care and service to support better care.
This website is located on the web via the domain https://cfepsurveys.com.au and includes all of the files located in that domain (“this site”). Our client portals may be hosted on this or other domains and are covered by these Terms of Use.
Use of the term “site” throughout these Terms of Use includes, where relevant, to Your access and use of our client portals.
By accessing and/or placing orders through this site, the client portal or survey platforms, You agree to be bound by these terms of use.
1. Privacy Policy
1.1. Your use of this site is also subject to our Privacy Policy (located at https://cfepsurveys.com.au/privacy-policy/ which is incorporated by reference into these Terms of Use.
2. Legal capacity to transact
2.1. If You are under 18 years of age, You cannot place orders through this site. By using this site You represent and warrant to the Company that You are over the age of 18 years. Should the Company suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.
3. Restrictions on use
3.1. Your use of this site including to access our client portals or the purchase any of our Products is subject to the rules set out in Schedule 1 below.
3.2. You acknowledge that by its nature, the internet is not uninterrupted or error-free, and so there may be times when the website, portal and service are unavailable or do not work properly due to technical difficulties
3.3. We do not guarantee that:
3.3.1. the website, portal or service will be available or work correctly at all times or
3.3.2. email alerts will always be sent out on time.
3.4. Client portal access and subscriptions are not transferrable for any reason. You may not rent, transfer, assign, commercially exploit, resell or sublicense access to the service to any third party.
3.5. You agree not to decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the site, portal or Service (including downloadable tools) is compiled or interpreted, and nothing in these terms should be interpreted as granting You access to obtain or use the source code. Except as expressly stated herein, no part of the site, portal or Services (including downloadable tools) may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
3.6. You acknowledge that You are entirely responsible for Your use of any third-party software, web-based applications or links to other websites that are integrated with the Company’s site or portal
3.7. Any future release, updates, or other addition to functionality of the site or Service is subject to these Conditions.
3.8. You agree not to use the site or the Services (including downloadable tools) to:
- a) violate any local, state, national or international law
- b) stalk, harass or harm another individual
- c) collect or store personal data about other users
- d) impersonate any person or entity
3.9. Without limiting any other remedies available to the Company at law or in equity, the Company reserves the right, without notice to:
3.9.1. temporarily or indefinitely suspend, or terminate, Your access to this site or our client portals, or refuse to provide products or services to You if:
3.9.1.1. You breach any provision of these Terms of Use including the rules set out in Schedule 1
3.9.1.2. the Company is unable to verify or authenticate any information that You provide to us or
3.9.1.3. the Company believes that Your actions may cause damage and/or legal liability to the Company, any of its customers or suppliers or any other person and
3.9.1.4. remove or block access to any information and/or materials (in whole or in part) that the Company, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person’s intellectual property rights or these Terms of Use.
4. Indemnity
4.1. You indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
4.1.1. any material or information that You submit, post, transmit or otherwise make available through this site
4.1.2. Your use of, or connection to, this site or our client portals or
4.1.3. Your negligence or misconduct, breach of these Terms of Use or violation of any law or the rights of any person.
5. Products
5.1. We offer several Products to our customers either via this site or our client portals. These Terms of Use are supplemented by the additional terms for specific Products set out in the Schedules. In the event of any inconsistency between these Terms and the Schedules, the Schedules shall prevail to the extent of such inconsistency.
Requirement for registration
5.2. Some of our client portals require registration. The Company reserves the right at any time to make any parts of this site accessible only to clients who have registered to use the client portals. For the purposes of these Terms, a “client portal” refers to any of the Company’s secure, web-based platform established and maintained by the Company through which clients may register, purchase, and access Products and Services as outlined in a Services Schedules.
5.3. Upon registration to a client portal, You will be issued with a username and password to access Your account. You are responsible for maintaining the security of Your password. The Company will not be liable for any loss or damage arising from or in connection with Your failure to comply with this security obligation. You agree that the Company will be entitled to assume that any person accessing the client portal with Your username and password is You or Your authorised representative.
5.4. You must notify the Company immediately of any known or suspected unauthorised use of any password or any other breach of security.
5.5. In order to register for the client portal, You must agree to these Terms of Use and provide the Company with:
5.5.1. a valid email address
5.5.2. accurate billing and contact information (including Your street address and the name and telephone number of Your authorised billing contact and administrator) and
5.5.3. any other information that may be required by the Company during the registration process.
5.6. You must promptly update this information to maintain its accuracy at all times.
5.7. You represent and warrant to the Company that all information provided to the Company by You is true and not misleading and does not violate any applicable law or regulation or any person’s intellectual property or other rights.
5.8. One person may not maintain more than one client portal account. Accounts registered by “bots” or other automated methods are not permitted.
5.9. The Company reserves the right to accept or reject any application for registration of an account at its discretion.
6. Orders
6.1. By placing an order through this site or any client portal, You make an irrevocable offer to us to purchase the products that You have selected pursuant to these Terms of Use. Information contained in this site constitute an invitation to treat only. No information in this site constitutes an offer by us to supply any products to You – however, the Company will endeavour to supply Your selected products to You.
6.2. Orders will be processed once they have approved through our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.
6.3. The Company will not issue Products including survey reports under any order unless and until payment for the order has been received by us in full.
6.4. The Company shall use all reasonable endeavours to meet any performance dates specified in the Clause 14 but any such dates are acknowledged as estimates only and time shall not be of the essence for performance of the Services.
6.5. The Company reserves the right to:
6.5.1. amend any Order if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and the Company shall notify the You in any such event
6.5.2. at any time prior to Your order being accepted in accordance with clause 7.2, cancel all or part of Your order and
6.5.3. at any time:
6.5.3.1. refuse to provide products to You
6.5.3.2. terminate Your access to this site and/or
6.5.3.3. remove or edit any content on this site.
6.6. Once full payment is received by the Company, the Company will, at its discretion:
6.6.1. send the requested Products to You or
6.6.2. notify You in writing that the requested Products are available for online access,
6.6.3. and title to, and risk in, the Products will pass from the Company to You at that time.
6.7. Any samples, descriptive matter or advertising issued by the Company, and any descriptions or illustrations contained in the Company’s catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.
6.8. If You have purchased a questionnaire through our website, the Company shall destroy paper copies of the questionnaire received from You after processing and will not return these to You.
Obligations in relation to Orders
6.9. In placing orders You must:
6.9.1. ensure that the terms of any Order are complete and accurate
6.9.2. co-operate with the Company in all matters relating to the services ordered
6.9.3. provide the Company with such information and materials as the Company may reasonably require in order to supply the services, and ensure that such information is complete and accurate in all material respects
6.9.4. obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start
6.9.5. comply with all applicable laws, including privacy and data protection laws and obligations of confidentiality imposed upon it by law or any regulator
6.10. If the Company’s performance of any of its obligations under an order is prevented or delayed by any act or omission by You or failure by You to perform any relevant obligation (Customer Default):
6.10.1. without limiting or affecting any other right or remedy available to it, the Company shall have the right to suspend performance of services until You remedy Your Default, and to rely on Your Default to relieve it from the performance of any of its obligations in each case to the extent Your Default prevents or delays the Company’s performance of any of its obligations
6.10.2. the Company shall not be liable for any costs or losses sustained or incurred by You arising directly or indirectly from Your failure or delay to perform any of its obligations as set out in these terms and
6.10.3. You agree to reimburse the Company on written demand for any costs or losses sustained or incurred by the Company arising directly or indirectly from You Default.
6.11. The Company reserves the right to change the prices for products displayed in this site at any time before You place an order.
6.12. Any changes or additions requested by You to our services will be subject to an appropriate administration charge.
6.13. Unless otherwise expressly stated, all amounts payable through Your use of this site are expressed to be inclusive of GST. For these purposes, the term “GST” has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
7. Price and Payment methods
7.1. The Charges for the Services are those set out in the Order or calculated in accordance with the Company’s current price list at the date of the Contract
7.2. Any changes or additions to the Services will be subject to an appropriate administration charge.
7.3. Payment for orders placed through this site may be made by direct debit or credit card (Visa or MasterCard only) processed online using secure Stripe or Woo Commerce payment gateway.
7.4. In the event payment in arrears is allowed for in the Order, You shall pay each invoice submitted by the Company:
7.4.1. within 14 days of the date of the invoice; and
7.4.2. by credit or debit card, cheque or bank transfer in full and in cleared funds to a bank account nominated in writing by the Company, and
7.4.3. time for payment shall be of the essence of the Contract
7.5. The Company uses the third-party payment gateway providers including Stripe Payments Australia Pty Ltd (ABN 66 160 180 343) trading as “Stripe” and Woo Commerce for its secure online payment transactions. Payments made through Stripe or Woo Commerce are subject to those third-party provider’s own terms and conditions and privacy policy.
7.6. Unless You expressly consent otherwise, we do not see or have access to any personal information that You may provide to Stripe, other than information that is required in order to process Your order and deliver Your purchased items to You (eg, Your name, email address and billing address).
7.7. Only VISA and MasterCard are accepted. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. The Company may charge reasonable additional transaction fees for paying by credit card.
7.8. Where You have purchased subscription services, Your subscription will renew annually on the anniversary of Your subscription. The Company will deduct the subscription fee from using the credit card details provided for Your initial subscription purchase, or by direct debit if You have elected this option.
7.9. Except as expressly provided otherwise in these Terms of Use, all amounts paid through this site are non-refundable. Further information on the steps that the Company will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading “Remedies limited” in these Terms of Use below.
7.10. While our website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than the Company.
7.11. The Company may request further information from You, such as a copy of Your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until Your order has passed our internal fraud prevention checks, Your order will remain on pending status. If further information is requested and You do not provide the requested information within such time as the Company considers appropriate at its discretion, Your order will be cancelled and, if Your payment has been received, it will be refunded back to You.
7.12 The available discount codes must be applied at time of purchase on the website, if not applied at this time, the discount is not applicable.
8. Intellectual property
Copyright
8.1. In these Terms of Use, the term “Proprietary Content” means:
8.1.1. this site
8.1.2. all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof) and
8.1.3. all software, systems and other information owned or used by the Company in connection with the products offered through this site (whether hosted on the same server as this site or otherwise).
8.2. All Proprietary Content is the property of the Company or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Terms of Use or with the prior written consent of the Company or other copyright owner (as applicable).
8.3. You may download and print out content from this site only for Your own personal and non-commercial use and provided that You do not remove or modify any copyright, trademark or other proprietary notices.
8.4. The Company’s logo is a trademark of the Company. The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of the Company. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Company.
8.5. In these Terms of Use, the term “User Content” means any and all content that is submitted, posted or otherwise added to this site by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.
8.6. This site contains some features that enable You and other users to upload User Content. The Company reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that You upload, You:
8.6.1. represent and warranty to the Company that Your sharing of that User Content does not infringe any copyright or other legal right of any other person and
8.6.2. grant to the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at the Company’s absolute discretion.
8.7. If You believe that our site contains any material that infringes upon any copyright that You hold or control, or that users are directed through a link on this site to a third-party website that You believe is infringing upon any copyright that You hold or control, You may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
9. Intellectual Property in services
9.1. All Intellectual Property Rights in or arising out of or in connection with and services (other than Intellectual Property Rights in any materials provided by You) in the provision of services ordered on this website shall be owned by the Company. This shall include but is not limited to the format, layout, text, images and set up of the survey and any data entered in any questionnaire.
9.2. The Company grants to You, a revocable, fully paid, worldwide, non-exclusive, royalty-free licence to use any deliverables provided to You by the Company for the purpose of receiving and using the services and the deliverables in Your business or operations, subject to the following limitations:
9.2.1. You must not copy any of the deliverables in whole or part or transfer any part of the deliverables to third parties without the prior written permission of the Company
9.2.2. You must not copy or process any information entered in any questionnaire and
9.2.3. You must not sub-license, assign or otherwise transfer the rights granted in this clause 10.2.
9.3. You grant to the Company an irrevocable, fully paid, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by You to the Company for the purpose of providing services to You.
10. Data protection and data processing
10.1. Both You and the Company will comply with all applicable requirements of the Data Protection Legislation. This clause is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation.
10.2. You acknowledge that You have all necessary consents and notices to enable the lawful transfer of any Personal Data (as defined in the Data Protection Legislation) to the Company.
10.3. The Company shall, in relation to any Personal Data processed in connection with the performance by it of its obligations under an Order:
10.3.1. process Personal Information only on Your written instructions, except where the Company is required to do so by applicable Australian law, including but not limited to the Privacy Act 1988 (Cth). Where the Company is required by law to process Personal Information without Your instructions, it must promptly notify You of this requirement before undertaking the processing, unless such law prohibits the Company from providing that notice.
10.3.2. ensure that it has in place reasonable technical and organisational measures in place to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it)
10.3.3. ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential and
10.3.4. not transfer any Personal Data other than in accordance with it published Privacy Policy
10.3.5. assist You, at Your cost, in responding to any request from a Data Subject and in ensuring compliance with Your obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators
10.3.6. notify You without undue delay on becoming aware of a Personal Data breach
10.3.7. at Your written direction, delete or return Personal Data and copies thereof to You on termination of the agreement unless required by Applicable Data Processing Law to store the Personal Data.
10.4. We use HubSpot as our customer relationship management tool. HubSpot may collect personal information, such as email addresses, and other information relating to those individuals accessing this site. For further information about the type of personal information HubSpot collects, refer to the HubSpot Privacy Policy.
10.5. HubSpot may transfer this information to third parties where required to do so by law, or where such third parties process the information on HubSpot’s behalf. For further information on this, refer to the HubSpot Data Processing Agreement.
10.6. HubSpot’s data infrastructure used by CFEP is hosted on servers located in Australia. Accordingly, any personal information collected about Your use of this website (including Your IP address) is stored on Australian-based servers. CFEP does not transfer such information to or store it in jurisdictions outside Australia.
10.7. By accessing this site and/or registering for our client portal, You are taken to have consented to Your personal information being used as described above. Specifically:
10.7.1. You consent to Your personal information being collected, used, disclosed and stored as set out in HubSpot’s Privacy Policy and agree to abide by HubSpot’s Terms of Use in addition to these Terms of Use.
10.7.2. You understand and acknowledge that HubSpot utilises a cloud-based platform, which is physically located in Australia and Australian laws, including privacy legislation, apply to the storage and handling of your data.
11. Disclaimer of warranties
11.1. To the maximum extent permitted by law, the company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly disclaim all conditions, representations and warranties (whether express or implied, statutory or otherwise) in relation to this site and any products purchased or obtained through this site, including any implied warranty/guarantee of merchantability, fitness for a particular purpose or non-infringement.
11.2. This site is provided strictly on an “as is” basis. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:
11.2.1. the use of this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data
11.2.2. this site will meet Your requirements or expectations
11.2.3. anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date
11.2.4. the quality of any products, information or other material purchased or obtained through this site will meet any particular requirements or expectations
11.2.5. errors or defects will be corrected
11.2.6. the services and deliverables do not constitute recommendations or advice regarding
11.2.7. this site or the servers that make it available are free of viruses or other harmful components.
12. Limitation of liability
12.1. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to You or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Terms of Use or the use of this site by You or any other person.
12.2. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company’s sole discretion):
12.2.1. in the case of goods, to any of the following:
12.2.1.1. the replacement of the goods or the supply of equivalent goods
12.2.1.2. the repair of the goods
12.2.1.3. the payment of the cost of replacing the goods or of acquiring equivalent goods or
12.2.1.4. the payment of the cost of having the goods repaired and
12.2.2. in the case of services:
12.2.2.1. the supply of the services again or
12.2.2.2. the payment of the cost of having the services supplied again.
12.3. In any event, the Company’s total liability to You shall not exceed the total charges payable by You under the Contract. The Company’s total liability includes liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract.
12.4. You agree that Your use of this site and any client portal is at Your own discretion and risk. You agree to release the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that You may have against any of them arising from these Terms of Use or the use of this site by You or any other person. The Company may plead this release as a bar and complete defence to any claims or proceedings.
13. Force majeure
13.1. To the maximum extent permitted by law, and without limiting any other provision of these Terms of Use, the Company excludes liability for any delay in performing any of its obligations under these Terms of Use where such delay is caused by circumstances beyond the reasonable control of the Company, and the Company shall be entitled to a reasonable extension of time for the performance of such obligations.
14. General
Interpretation
14.1. In these Terms of Use, the following rules of interpretation apply:
14.1.1. headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Terms of Use
14.1.2. these Terms of Use may not be construed adversely against the Company solely because the Company prepared them
14.1.3. the singular includes the plural and vice-versa
14.1.4. a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity and
14.1.5. the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.
Notifications
14.2. The Company may provide any notification for the purposes of these Terms of Use by email and/or by adding the notification into Your user control panel.
Costs
14.3. Except as specifically provided in these Terms of Use, each party must bear its own legal, accounting and other costs associated with these Terms of Use.
Assignment
14.4. You may not assign, transfer or sub-contract any of Your rights or obligations under these Terms of Use without the Company’s prior written consent. Your registration with this site is personal to You and may not be sold or otherwise transferred to any other person.
14.5. The Company may assign, transfer or sub-contract any of its rights or obligations under these Terms of Use at any time without notice to You.
No waiver
14.6. Waiver of any power or right under these Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by the Company to act with respect to a breach by You or others does not waive the Company’s right to act with respect to that breach or any subsequent or similar breaches.
Severability
14.7. The provisions of these Terms of Use are severable and, if any provision of these Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.
Variation
14.8. The Company reserves the right to amend these Terms of Use and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean You accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site or the products offered through this site.
14.9. You may only vary or amend these Terms of Use by written agreement with the Company.
Governing law and jurisdiction
14.10. These Terms of Use will be governed in all respects by the laws of Queensland. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland and the courts of appeal from them.
Schedule 1 – Prohibited conduct
1.1. CFEP are committed to providing a safe and healthy working environment and does not tolerate abusive, aggressive or violence against its employees. If abusive, threatening or violent behaviour of any kind is detected, Your access to any service available via this site may be placed on hold until such time that we can be resolved. For serious incidents, will be reported to appropriate authorities – See CFEP Surveys’ Code of Conduct.
YOU MUST NOT:
1.2. use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site
1.3. engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure
1.4. use any of our sites to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network
1.5. use any of our sites to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes
1.6. use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site
1.7. use any of our sites by any automated means
1.8. use any of our sites to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email
1.9. access, retrieve or index any portion of this site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews
1.10. interfere with the display of any advertisements appearing on or in connection with this site
1.11. reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site
1.12. reproduce, duplicate, copy or store any of the material appearing on this site other than for Your own personal and non-commercial use
1.13. falsely imply that any other website is associated with this site
1.14. do anything that leads, or may lead, to a decrease in the value of the Company’s intellectual property rights in this site
1.15. use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site
1.16. release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to the Company without the Company’s prior written consent or
1.17. use any of our sites to transmit any information or material that is, or may reasonably be considered to be:
- abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way
- libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised
- infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right
- in breach of any duty of confidentiality by which You are bound, whether by way of a fiduciary or contractual relationship
- in breach of any person’s privacy or publicity rights
- a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement)
- in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so
- containing any political campaigning material, advertisements or solicitations or
- likely to bring the Company or any of its staff into disrepute.
Schedule 2 – Additional Survey Product Terms
Product Service (except Active Insights)
2.1. You:
a) understand that all components of the Services must be completed within 12 months of an Order being confirmed.
b) agree to provide the Company with the minimum number of completed questionnaires identified in an Order
c) are responsible for return postage fees of completed paper surveys
d) are solely responsible for any administration charges for any requests for further copies of the report or its content, questionnaires, survey packs, in any format.
2.2. In the performance of the Services we will:
a) send questionnaires to You within five business days of receipt of an Order and payment of the Fees.
b) anonymise and analyse the aggregated data contained in the completed survey questionnaires provided by You and prepare a formal report.
c) deliver an electronic copy of the report to You within 15 business days after receipt of a sufficient number of completed survey questionnaires, except where a Customer has purchased a formal debrief and in which case the Report will be provided within one week of their scheduled debrief session.
d) only use anonymised aggregated data in the preparation of the report and in the generation of national performance benchmarks and contribute to scientific literature.
2.3. Cancellation – Returns or refunds
a) If You cancel the Services within 14 days of receiving the survey questionnaires, we will provide You with a 50% refund of Fees paid.
b) If You fail to complete the survey questionnaires for reasons unrelated to CFEP, no refund will be provided.
2.4. Termination of service
a) The Company may terminate and deactivate any survey, in whole or in part, if it is inactive or dormant for a period of 12 months or more.
In the event of termination or deactivation we will remove Your access to the digital survey upon providing 14 days prior written notice.
b) If Your survey is deactivated and access removed, You will be required to reorder the survey to complete the Service which will be processed in accordance with the Terms applicable to the original Order including payment of Fees.
c) We may re-open a survey that has been closed due to inactivity or dormancy on a case-by-case basis at our sole discretion.
2.5. Services partnered with a third party
2.6. On submission of an Order for Services offered in partnership with a third-party provider, You consent to us sharing Your data and information about the Service with the partner. This may include disclosing the name, contact email, progress update, a copy of the Report and any information required to deliver the service.
2.7. You consent to being contacted by such third-party partners for evaluation purposes or as a requirement of their training program.
Multi-Source Feedback and Formal Debriefing
2.8. In the unlikely event where instances of potential professional misconduct or significantly low scores have been identified or where patient safety may be affected, the feedback report will be referred to our General Manager who may act in accordance with the below confidentiality clauses
2.8.1. Each party undertakes that it shall not at any time, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 2.8(b) (I think this should be 12.3(b))
2.8.2. Each party may disclose the other party’s confidential information:
2.8.2.1. i. to any governmental or regulatory authority in the event either party reasonably believes a failure to disclose the other party’s confidential information will put patient safety at risk; or
2.8.2.2. ii. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority
2.9. By ordering and participating in this Service, You consents to the Company sharing Your data, feedback Report and contact details with the trained Consultant contracted to provide debriefing services on behalf of CFEP Surveys as a Coach in order to deliver the Service.
2.10. We will provide
- a formal debriefing service via online videoconference or telephone as a purchase to any multi-source feedback product
- access to a Coach for the full allotted time described at the time of Order
- a confidential service in accordance with Data and Privacy Act and Principles
- two reminder notifications via email for the scheduled session
- a single contact attempt on the day of the scheduled debriefing session within 5 minutes should a Customer not show at the scheduled time.
2.11. Customer obligations
- To be punctual to the schedule debriefing session
- Notify Supplier at least 48 hours prior to scheduled session of changes to schedule, including rescheduling.
2.12. Late and No-show Policy
This will apply if a Customer is late or fails to attend the scheduled allotted debriefing session and has received two reminder notifications of the scheduled session.
– You will have access to the Coach for the remaining allotted time.
– There will be no additional time provided for the time lost due to late arrival by You.
- If You does not arrive (no-show):
– The debriefing session and Services will be terminated.
– You will not be eligible for a refund, or the ability to reschedule the session.
– Should another debriefing session be required, this will be at the additional cost to You.
Schedule 3 – Additional Active Insight Product Terms
Active Insights
2.13. These additional Terms commences on the date that your subscription activates, Activation Date (within 2-3 days of purchase), and continues until the Order is terminated.
2.14. Licence and Access:
- We grant to You a singular Active Insights organisational platform and base form user access, with the added capability of establishing multiple site platforms stemming from the same organisational level.
- Additional Licencing for Separate Services
a) Should You need access to Active Insights for a separate service within Your organisation and desire to maintain data privacy from all organisational administrators, an additional licence must be acquired.
For instance, if the organisation has distinct practice managers for different services (e.g. Telehealth or after-hours service) and wants to maintain separate data visibility, each service will need a separate license to access individual patient experience data.
b) Multiple licenses are required if You require different service base forms.
a) You will be provided with a username and password, and access level as outlined below and as nominated by the Customer.
b) Organisational administration access: Each Client administrator user will have access to the Active Insights platform at an organisation/license level. This access will allow them to view aggregated data from all sites within the organisation, including dashboard data view and raw data extraction from each individual site.
c) Site user access: Each site administrator user will have access to the Active Insights platform, but can only view data related to their respective site they have been associated with.
- You must ensure that all users comply with the acceptable use previsions set out in our Terms of Use
2.15. Annual Subscription billed annually or monthly
a) By purchasing an annual subscription, You agree to a non-refundable initial pre-payment for a full year (12-months) of access and service to the Active Insights Platform. Thereafter, annually or monthly, the Customer will be billed a recurring subscription fee at the then-current subscription rate. You accept responsibility for all recurring charges until the subscription is cancelled.
2.16. Increase in fees
The fees for each subscription are fixed for the first subscription period. After that, the Company may, with effect from the start of each subsequent subscription period, increase the fees of the subscribed service at its discretion. We will notify You of any increase at least 14 days prior to the application of the increase.
2.17. Cancellation policy:
- You may cancel Your subscription at any time after the initial twelve months by contacting [email protected]. Cancellations will take effect for the next billing cycle. Customers will not be eligible for a refund for subscription fees paid prior to the cancellation taking effect.
- Subscriptions must be in place for a minimum of three months before this cancellation policy takes effect.
- We may limit, suspend or cancel Your access to (or delivery of) subscribed service or to the websites without notice to Customer as per our Terms of User.
2.18. We reserve the right to modify the content, inclusions, type and availability of the Active Insights platform at any time. Changes will be notified 14 days’ prior to when You need to decide to cancel and not be affected. Your subscription change will automatically take place from Your next subscription period.
