Surgical Care Patient Survey – Terms & Conditions

The terms and conditions upon which Insync Surveys Pty Ltd (ABN 58 108 768 958) (“Insync”) shall provide you, the user (“User”) with the patient experience survey platform (“Services”) are as follows:

1. Service provider’s obligations

In providing the Services, Insync will:

1.1 provide access to the Services for the Term for a 12 month subscription, which can be extended upon completion of the 12 month subscription, and provide any agreed reports (“Reports”) and access to Insync’s email and phone helpdesk in a timely manner and at its sole discretion do all things reasonably necessary and prudent for the provision of the Services; and

1.2 assign appropriately qualified and skilled staff to ensure that the Services and Reports are so provided;

1.3 not, where services are provided via the internet or other electronic means, be responsible for any loss of network connection or downtime;

1.4 not accept any responsibility for any self-assessed responses contained in survey reports or any actions taken or not taken in reliance on such reports; or

1.5 not accept any responsibility for any advice given by any third party in relation to the Services or Reports.

2. User’s obligations

The User:

2.1 will not request Insync to provide them or other parties with any information or data that would enable individual survey respondents to be identified, unless specifically authorised by the respondent, and will not use any reports or reporting portals in a way, or with the intention to identify an individual or an individual’s responses;

2.2 will ensure that all persons within its control shall maintain the security and confidentiality of any passwords or login information required for the provision of the Services;

2.3 acknowledges that survey reports that aggregate and display certain data do not in any way constitute the provision of advice;

2.4 acknowledges that all free text comments made by survey respondents will be provided to the User on an unedited basis and that Insync does not take any responsibility for any such free text comments;

2.5 indemnifies Insync in relation to any loss or damage caused as a result of the distribution of any free text comments to any employees or other parties; and

2.6 indemnifies Insync in relation to any loss or damage caused as a result of actions taken or not taken as a result of information contained in the Reports.

3. Fees

3.1 Fees payable to Insync for the provision of Services shall be payable at the time of placing an online order for the Services

3.2 Fees will be exclusive of GST.

3.3 The 12 month subscription will commence from the date the online order is processed and resources are provided to the User.

3.4 Users can choose to extend the use of Services for a further 12 months at the completion of the subscription period. If payment for the extension of Services is not received by the last date of the current subscription, Services will cease.

4. Confidentiality

4.1 Insync shall maintain secure custody of all confidential information provided to it by the User and not disclose the User’s confidential information to any third party.

5. Intellectual property rights

5.1 The Reports, including any survey statements, together with any other information of whatever nature owned, produced, developed or modified by Insync (together the “Information”) in the course of providing the Services shall remain the sole property of Insync and may only be used by the User for its exclusive internal purposes whilst a user of the Services. Insync grants the User a licence to use the Reports to this effect. The User must not allow the Information to be published or provided to a third party without the prior written consent of Insync.

5.2 Nothing herein shall prevent Insync aggregating confidential information received from the User and using such information, together with other information received by Insync, in providing industry benchmark or other comparative data or undertaking research for the benefit of the User and other users of the Services , provided always that such material shall not in any way identify the aggregate or any individual responses of the User.

6. Extension of Services

6.1 If the User requests Insync to carry out any further services that in any way relate to or follow on from the Services the terms and conditions set out herein apply to those further services unless the User and Insync agree in writing that these terms and conditions should not apply.

7. Early Termination of Services

7.1 The User may choose to terminate Services prior to the completion of the 12-month subscription period. Notice to cease Services should be provided in writing via email to Insync. Services will cease. Fees paid upfront are applicable for a 12-month subscription but will not be redeemable if the User decides to terminate services before the subscription is complete.

8. Liability and indemnity

8.1 Except as expressly provided to the contrary, all terms, warranties, undertakings, or representations whether express, implied, statutory or otherwise relating in any way to the provision of the Services are excluded to the full extent permitted by law.

8.2 In the event of default, Insync’s sole obligation shall be to resupply the Services.

8.3 Without limiting the generality of the preceding clause, Insync’s liability for any loss or damage suffered by the User howsoever caused which may be suffered or incurred or which might arise directly or indirectly in respect of the failure or omission on the part of Insync to comply with its obligations shall not exceed the Fees received by them in relation to the Services.

8.4 Insync shall not be liable for any delay or failure to perform the Services due to force majeure.

9. Privacy

9.1 Insync’s Privacy and Confidentiality Policy shall apply to the provision of the Services. The Privacy Policy is set out at www.insync.com.au. The User may request at any time for Insync to delete the survey response data and Insync will carry out the deletion of this data within a reasonable timeframe upon request.

10. Law

10.1 The provision of the Services shall be governed by the laws of the State of Victoria and New South Wales, Australia and the Courts of that State shall have exclusive jurisdiction.