Last Updated 10 March 2020
Please read these Terms carefully before using the Service.
You indicate your agreement to these Terms by clicking on a button indicating your acceptance of these Terms, by executing a document that references them, or by using the Services.
If you will be using the Services on behalf of an organisation, you agree to these Terms on behalf of that organisation and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organisation.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
- License for Use
- By creating an hMael account we are granting you a non-exclusive, revocable license to use the hMael platform.
- When creating an hMael account you must select one of the following user licences i.e. Standard, Professional, Business or Enterprise.
- You may at any time change your user licence type e.g. from Professional to Standard
- Fees and Payments
2.1. Fees for Services. You agree to pay to Patients First any fees for each Service you purchase or use, in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.
2.2. Subscriptions. Some of our Services are billed on a subscription basis ( “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (“billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting our customer support team. You may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.
2.3. Price Changes. Patients First may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. Patients First will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.
- Acceptable Use
3.1 You must be at least 18 years old to use hMael.
3.2 You must be a registered New Zealand clinician or be formally sponsored by a registered clinician as someone with an employment role in the New Zealand health sector that justifies you having an hMael account e.g. administrator or manager.
3.3 You must use your real name.
3.4 Your avatar must only be a photo in your likeness that is not digitally altered in any significant way. Caricatures are not acceptable.
3.5 You must keep your organisational and role affiliations up to date and You must deactivate your hMael account when you leave your organisation.
3.6 We may use information provided by you in the course of registration to verify your identity and eligibility to have an hMael account and this includes verification from your employer that you are an employee in the role or roles you have identified.
3.7 You may not share your account with anyone else.
3.8 We may at our sole discretion, refuse or discontinue the account of any hMael user.
3.9 hMael must only be used to communicate with others within the New Zealand health sector for the purposes of conducting your legitimate professional activity. It is not acceptable to advertise any products or materials in any form using the platform. The use of the internal hMael directory is explicitly prohibited for any use other than identifying recipients of hMael messages.
3.10 You will advise Patients First as soon as possible if you receive an hMael message from a person you believe should not have an hMael account or if you receive any message you believe is an inappropriate use of the hMael platform.
- User Content
4.1 Patients First takes no responsibility for the content of messages that is created by users of the platform.
4.2 You retain rights of ownership over the content you create within hMael. hMael will retain the right to retain a copy of your content in perpetuity for the purpose of providing a record to message senders and recipients and for providing an audit trail. By doing so, you warrant that you are entitled to make such content available to those that you are sending it to.
4.3 You will not breach intellectual property or copyright laws using the hMael platform.
4.4 We will comply with all lawful requests for access to information as appropriate by law enforcement or government agencies.
5.1 hMael uses email to alert you to information on the hMael platform. You agree for us to use your supplied email address for this purpose.
6.1 You must ensure that you keep your username and password secure. You must not knowingly divulge this to any other person.
6.2 You must take care when accessing the hMael platform outside of a business or corporate environment. We do not recommend using hMael within shared computing environments such as internet cafes and hotels due to the high risk they pose from a security perspective.
6.3 If you believe that your account has been compromised you must inform Patients First as soon as possible.
6.4 We do not ensure or warrant that the information transmitted across the internet is secure. However, we conduct our business with best efforts to ensure this is the case.
- Limitations of Liability
7.1 You agree to indemnify Patients First and its employees and directors against any claims, actions, costs or losses by us or any third party from acts carried out by users of the system, or from your breach of any of these Terms and Conditions or any conduct or action that is illegal or infringes others rights.
7.2 Patients First provides hMael on an ‘as is’ basis. You acknowledge and agree that, to the extent permitted by law that we make no warranties:
7.2.1 That hMael will meet your needs or requirements
7.2.2 That hMael will operate uninterrupted, or be error-free
7.2.3 To the content of messages by users of the system
7.2.4 That any feature will continue to be supported
8.1 By You. You may terminate this agreement at any time by deactivating your hMael account. If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle unless you are terminating these Terms for any of the following reasons: (a) we have materially breached these Terms and failed to resolve that breach within 30 days after you have so notified us in writing; or (b) a refund is required by law.
8.2 By Patients First. Patients First may terminate your Subscription at the end of a billing cycle by providing at least 30 days’ prior written notice to you. Patients First may terminate your Subscription for any reason by providing at least 90 days’ written notice to you and will provide a pro rata refund for any period of time you did not use in that billing cycle. Patients First may suspend performance or terminate your Subscription for any of the following reasons: (a) you have materially breached these Terms and failed to resolve that breach within 30 days after Patients First has so notified you in writing; (b) you cease your business operations or become subject to insolvency proceedings and the proceedings are not dismissed within 90 days; or (c) you fail to pay fees for 30 days past the due date. Additionally, Patients First may limit or suspend the Services to you if you fail to comply with these Terms, or if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services. Patients First may also suspend providing the Services to you if we are investigating suspected misconduct by you. If we limit, suspend, or terminate the Services you receive, we will endeavour to give you advance notice and an opportunity to export a copy of your Content from that Service. However, there may be time sensitive situations where Patients First may decide that we need to take immediate action without notice. Patients First will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action. Patients First has no obligation to retain your Content upon termination of the applicable Service.
- Breaches of these terms and conditions
9.1 Where a user of hMael breaches any of these terms and conditions, Patients First reserves the right to take an appropriate action. Such action may include deactivation of the user account and prohibition from the platform indefinitely.
- Law and jurisdiction
10.1 These terms are governed by the laws of New Zealand. By using the hMael platform you submit to the jurisdiction of the courts of New Zealand and accept that the terms are in accordance with New Zealand law.
11.1 Patients First is responsible for the governance of the hMael platform.
11.2 We will not open, inspect or otherwise derive the content of your messages on this platform unless you provide us explicit consent to do so or we are compelled to do so by law.
11.3 We will not disclose any personal information you supply to us except for the express purpose of providing a directory service within hMael to other hMael users which will include your name, organisational affiliations and roles.
11.4 We will collect meta-data on your use of the platform for the purposes of service management, troubleshooting, marketing and research. Such meta-data will never be published in such a way as to identify any individual.
- Changes and Updates
12.1. Changes to Terms. Patients First may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. The most current version will always be posted on the hMael website (https://hmael.nz). If an amendment is material, as determined in Patients First’s sole discretion, Patients First will notify you by email. Notice of amendments may also be posted upon your login to your account. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require Patients First to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.
12.2. Changes to Services. Patients First constantly changes and improves the Services. Patients First may add, alter, or remove functionality from a Service at any time without prior notice. Patients First may also limit, suspend, or discontinue a Service at its discretion. If Patients First discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from that Service. Patients First may remove content from the Services at any time in our sole discretion, although we will endeavour to notify you before we do that if it materially impacts you and if practicable under the circumstances.