Terms of use

Terms of use for the online decision support tool

Welcome to the Initial Assessment and Referral for Mental Healthcare (IAR-MH) Online Decision Support Tool. As a condition of Your use of the Online Decision Support Tool and its documentation and guidance material (“Online Decision Support Tool”) You must agree to these Terms of Use each time you use the Online Decision Support Tool.

In these Terms of Use, the terms:

  • “You” and “Your” refer to the user of the Online Decision Support Tool.

  • “Permitted Purpose” refers to the conduct of an assessment and referral of one or more individuals presenting for assistance with a mental health condition.

The Commonwealth of Australia as represented by the Department of Health (the “Department”) may at its discretion update these Terms of Use. By continuing to use the Online Decision Support Tool, You accept the Terms of Use as they apply from time to time.

Licence

Subject to these Terms of Use, the Department grants You a non-exclusive, non-transferable and royalty free licence to use the Online Decision Support Tool for the Permitted Purpose, revocable at will.

License conditions

You must:

  1. use the Online Decision Support Tool in accordance with any guidelines and directions that may be issued by the Department from time to time;

  2. not sublicense, commercialise or sell the Online Decision Support Tool;

  3. not, in conjunction with your use of the Online Decision Support Tool, use the Commonwealth Coat of Arms or any other Commonwealth or Department logos at any time;

  4. not attempt to undermine the security or integrity of the Online Decision Support Tool; and

  5. not use, or misuse the Online Decision Support Tool in any way which may disrupt or impair the functionality of the Online Decision Support Tool or other systems used for the Online Decision Support Tool.

Your obligations

In consideration of Your use of the Online Decision Support Tool, You:

  • Acknowledge that use of the Online Decision Support Tool is not a substitute for professional knowledge and clinical judgement. Systems and processes for initial assessment and referral should consider the unique and personal circumstances of the individual client, including other health or social issues, their preferences and choices, and any risk or safety issues.

  • Acknowledge that the intellectual property rights in the Online Decision Support Tool are owned by or licensed to the Department and nothing in these Terms of Use operates, or is intended to operate, to give You any ownership rights in the Online Decision Support Tool.

  • Indemnify the Department for any loss or damage the Department suffers in connection with Your use of (including reliance on) the Online Decision Support Tool or any breach of these Terms of Use.

Disclaimers and risk

You acknowledge and agree that:

  • Your use of the Online Decision Support Tool is at Your own risk, and You have made an independent assessment as to the risks of using the Online Decision Support Tool.

  • The Department may at any time add to, remove or otherwise modify any or all of the content in the Online Decision Support Tool at its discretion and without prior notice to You.

  • The Department may remove your access to the Online Decision Support Tool at any time without prior notice to You.

  • The Online Decision Support Tool may include the views or recommendations of third parties and does not necessarily reflect the views of the Australian Government or indicate a commitment to a particular course of action.

  • The Department does not guarantee and assumes no legal liability or responsibility for the accuracy, currency, completeness or interpretation of the Online Decision Support Tool.

  • The Department gives no warranty or guarantee in connection with the Online Decision Support Tool. Among other things, the Department makes no guarantee that the Online Decision Support Tool will be available for use, that the Online Decision Support Tool is error-free and free of defects, viruses or harmful code, that defects and errors will be corrected, or that use of the Online Decision Support Tool will be uninterrupted.

  • To the maximum extent permitted by law, the Department excludes all liability and responsibility to You (or any other person) for any loss (including loss of information, data, profits and savings) or damage (including injury and harm) resulting, directly or indirectly, in connection from Your (or any other person’s) use of, or reliance on, the Online Decision Support Tool.

General

These Terms of Use are governed by the laws of the Australian Capital Territory, Australia, and You agree to submit to the exclusive jurisdiction of the courts of the Australian Capital Territory.

If either party waives any breach of these Terms of Use, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

You agree and acknowledge that these Terms of Use constitute the entire agreement between You and the Department in relation to the use of the Online Decision Support Tool and replace all previous agreements, licences, understandings, representations and warranties in relation to this subject matter.