NHSD Registration Terms

1. General

1. The National Health Services Directory ("NHSD"), published by Healthdirect Australia Limited ("Healthdirect Australia", "we", "us" or "our"), is a comprehensive and consolidated national directory of health services and related health service providers in both the public and private sectors across all Australian jurisdictions.
2. The NHSD is a joint initiative of all Australian governments, delivered by Healthdirect Australia to provide consistent, authoritative, reliable and easily accessible information about health services to the public and to support health professionals with the delivery of healthcare.
3. The NHSD provides information about a broad range of health and related human services. It also facilitates eHealth messaging and retrieval of information about health services and related health service providers from the NHSD and other directories. It can be accessed through the Healthdirect Service Finder web app, mobile application and third-party websites and applications, amongst other channels.

2. Definitions

In these Registration Terms, the following terms have the following meanings:

Term	Meaning
Emergency Event	means a serious disruption of the function of a community at any scale due to hazardous events interacting with conditions of exposure, vulnerability and capacity, leading to one or more of the following: human, material, economic and environmental losses and impacts.
Intellectual Property Rights	means all present and future rights and interests arising as a result of intellectual activity whether capable of protection by statute, common law or equity and including copyright, confidential and other commercially valuable information, discoveries, inventions, patent rights, registered and unregistered trade marks, design rights, circuit layouts, domain names, internet addresses, computer programs, and other interests of a like nature.
Law	means any applicable statute, regulation, by-law, ordinance or subordinate legislation in force from time to time in Australia, whether made by a State, Territory, the Commonwealth, or a local government, and includes the common law and rules of equity as applicable from time to time.
National Health Services Directory or NHSD	means the national directory of information pertaining to healthcare organisations, health services and health practitioners maintained by Healthdirect Australia.
NHSD Content	means all data held in the NHSD, including Your Data.
Permitted Purpose	Incorporating Your Data into the NHSD Content; using Your Data to verify, validate, or update the information held in, or displayed by, the NHSD;   making Your Data available to data partners and integration partners via API; to support public health campaigns by Primary Health Networks (PHNs), Local Hospital Networks (LHNs) and the health departments of states, territories and the Commonwealth; and to support Healthdirect Australia’s delivery of digital services, such as the Service Finder, healthdirect nurse triage service and Symptom Checker.
Personal Information	has the meaning given in the Privacy Act 1988 (Cth).
Registration Form	means the online form that enables You to submit Your Data to Healthdirect to which these Registration Terms apply.
Registration Terms	means these terms of registration, as amended from time to time.
You	means each individual, entity, government agency and other authorised user who provides Your Data by submitting a Registration Form to Healthdirect Australia.
Your Data	means the data to be provided by You to Healthdirect Australia when submitting the Registration Form and any subsequent updates provided to the Company.

3. Registration

1. By completing the Registration Form, You acknowledge and agree that Your Data may be included in the NHSD.  
2. Healthdirect Australia supports different levels of publishing of information which means that if You do not want Your Data to be seen by the public, but You approve that it be used by health professionals, Healthdirect Australia can support this.  

4. Provision of Your Data

4.1 Licence to Your Data

1. You grant Healthdirect a perpetual, irrevocable, transferable, worldwide, royalty-free, licence-fee free, and non-exclusive licence (including the right to sublicence) to use, access, disclose, modify, adapt, save, copy, publish, communicate and exploit Your Data for the Permitted Purpose.
2. The licence granted under clause 4.1(a) includes the right for Healthdirect to assign the licence or to sublicense to:
   1. a Fund Provider on terms and conditions that are no less favourable than those contained in this agreement; or
   2. another NHSD operator (in whole or in part).

4.2 Your representations and warranties

By submitting Your Data, You represent and warrant that You have all necessary rights to provide Your Data to Healthdirect Australia to collect, process and store for the Permitted Purpose, in accordance with the NHSD privacy policy which can be found here: about.healthdirect.gov.au/privacy-policy/health-practitioners

4.3 Quality of Your Data

1. You must use all reasonable endeavours to ensure that Your Data is complete and accurate at the time it is provided to Healthdirect Australia.  
2. You must also use all reasonable endeavours to ensure that Your Data held by Healthdirect is kept up to date by notifying Healthdirect Australia of any changes to Your Data as soon as possible, including, (but not limited to) removing references to services from Your listings if You no longer employ suitably qualified providers required to deliver those services.
3. Where You are unable to directly update changes to Your Data as a result of an Emergency Event, You authorise Healthdirect Australia to accept, verify, and implement changes to Your Data, made by a PHN, LHN or a Commonwealth, State or Territory health department, acting on Your behalf, where Healthdirect reasonably considers that:
   1. the update is necessary to respond to the Emergency Event affecting the availability, accessibility or operating hours of Your services; and
   2. it is reasonable in the circumstances to rely on that update to maintain the accuracy, currency or safety of the NHSD Content. 
4. Without limiting clause 4.3(c) above, where, as part of a specific program, initiative, or campaign conducted by or on behalf of Healthdirect Australia for the Commonwealth, a State or Territory health department, LHN or a PHN, updates to Your Data are collected from You and submitted to Healthdirect Australia on Your behalf by that Department, LHN, PHN, or their authorised representatives, You authorise Healthdirect Australia to accept, verify, and implement those updates if Healthdirect Australia reasonably considers that:
   1. the updates relate to the purpose of that program, initiative, or campaign; and
   2. it is reasonable in the circumstances to rely on the accuracy of the information supplied to maintain the accuracy, currency or safety of the NHSD Content.
5. Healthdirect Australia may contact You from time to time to validate the accuracy and currency of Your Data.

5. Compliance with laws

Each party must, in performing their obligations and in exercising their rights under this agreement, comply with all applicable Laws.

6. Intellectual Property Rights

1. Except as expressly set out in these Registration Terms, nothing in these Terms transfers ownership in, or otherwise grants any rights in, any Intellectual Property Rights of a party.
2. All legal rights, title, and interest (including Intellectual Property Rights) in and to the NHSD Content and any modifications, enhancements or alterations to the NHSD Content belongs to, and will vest upon creation (including partial creation) in Healthdirect or its licensors.
3. To the extent notwithstanding clause 6(b), any right, title and interest (including any Intellectual Property Rights) in and to the NHSD Content vests in You, You hereby unconditionally and irrevocably assign to Healthdirect all right, title or interest (including Intellectual Property Rights) therein, free from any encumbrance and security interest.
4. You own all legal rights, title, and interest (including Intellectual Property Rights) in Your Data (including Your Data that subsists in Healthdirect’s Application), until such time as such Your Data is materially modified or forms part of the NHSD Content.

7. Warranties

You represent and warrant that:

1. You are entitled to enter into and perform the obligations under these Registration Terms; and
2. You have all rights, title, consents, licences, interests and property necessary to lawfully perform your obligations under these Registration Terms.

8. Suspension and deletion

1. Healthdirect Australia is entitled to suspend some or all of your listing in the NHSD for a reasonable period for operational reasons or to protect the NHSD Content or Healthdirect Australia’s reputation.
2. Any suspension will be for a reasonable period, until Healthdirect Australia considers, acting reasonably, that the issue has been resolved.
3. Healthdirect Australia may notify You of any suspension, prior to or as soon as reasonably practicable after it has taken such action.
4. Healthdirect Australia may delete Your Data from the NHSD at any time at its sole discretion.

9. Deregistration

1. You may deregister Your listing in the NHSD by providing Healthdirect Australia with notice in writing via the following email address: nhsd@healthdirect.org.au.
2. Following deregistration, Healthdirect Australia will remove Your Data from the NHSD and it will no longer be accessible by the public or health professionals. However, Your Data may be retained as part of audit and archive records.

10. Governing law and jurisdiction

These Registration Terms are governed by and shall be construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the nonexclusive jurisdiction of the courts in Sydney, New South Wales, Australia.