AirVendor Website and Mobile Application Terms and Conditions

General

  1. You agree to enter into an agreement with VendorLink Credentialing Pty Ltd ACN 615 458 609 (AirVendor, we, us, our) governing your use of AirVendor's website, mobile application, database and all related services (AirVendor Services) on the terms and conditions set out below.
  1. The AirVendor Services are owned by AirVendor. By accessing, registering and/or using the AirVendor Services, you agree to be bound by the terms and conditions set out below.

Registering account

  1. You must register for an online user account on AirVendor's website and mobile application to access and complete your user details and upload your credentials, for the purpose of AirVendor vetting you and providing your credentialing information to associated healthcare facilities (Healthcare Facilities).
  1. In order to register an online user account, you must be an employee or subcontractor of a company or business which requires you to attend Healthcare Facilities in a business capacity (Vendor). You acknowledge that we may request evidence that you are an employee or subcontractor of a Vendor prior to or at any time after you have registered your online user account.
  1. By registering an online user account with AirVendor you consent to AirVendor and the Healthcare Facilities, sending you emails regarding your use of AirVendor's Services.
  1. You acknowledge and agree that you are solely responsible for all activities that occur on your online user account (including any communications made or documents submitted) and you will keep your password and log in details confidential.

Consent to collection, use and disclosure of your personal information

  1. You consent to AirVendor collecting certain personal information (including sensitive information) about you from you and third parties and using and disclosing your personal information for the purposes of providing credentialing information (including vetting) and visit reports to Healthcare Facilities.
  1. After registering your online user account, you will be required to provide certain details including but not limited to:
  • your personal details including, name, telephone, address and employer;
  • a copy of your driver's licence or passport;
  • evidence of your police checks, immunisation certificates and working with children checks;
  • evidence of education and training courses completed; and
  • any other documents required by AirVendor or the Healthcare Facilities to ascertain your credentials , which may change from time to time.
  1. You acknowledge and consent to us also obtaining the following information from third parties about you for the purpose of validating your credentials:
  • police checks;
  • working with children checks; and
  • similar searches from government agencies.
  1. You acknowledge that a failure to provide some or all of your personal information requested, may result in the Healthcare Facilities rejecting or delaying your entry to their premises. AirVendor is not liable for any loss or damage whatsoever resulting from this.
  1. You consent to AirVendor tracking your location via GPS.
  1. You agree that all your personal information that AirVendor collects will be accessible to AirVendor, its employees, suppliers and representatives and all Healthcare Facilities. This information is secure and private and will not be used by any third party. The use of this is to help you sign out of Healthcare Facilities through our mobile app.
  1. You agree that our Privacy Policy available on our website here airvendor.com.au/terms-and-conditions or mobile app and that it explains how we handle the personal information we collect and hold about you and you acknowledge that you have read it.

Payment

  1. You agree to pay an annual fee for a non-exclusive licence to access AirVendor's Services, which will be notified by AirVendor to you at the time of registering or being prompted to renew your registration on AirVendor's website (Annual Fee). You acknowledge that the annual fee is payable per individual user and may not be used for more than one person at a time. The fee is a tiered structure based on the number of hospitals you will need access to. The tiers and fees are as follows: 1-$44; up to 5-$201; up to 10-$369; up to 20-$537; unlimited-$672.
  1. Except as required by law, AirVendor will not be required to refund your Annual Fee including, in the event a Healthcare Facility terminates its use of AirVendor's Services, provided that the Annual Fee is a fair and reasonable assessment of AirVendor's loss.

Information provided

  1. All information (including documentation) submitted by you as part of your use of AirVendor's Services must be accurate, complete and up-to-date. We may reject your registration in our absolute discretion, including where you do not provide all relevant information requested in the online registration form or where we are not satisfied with the accuracy or completeness of any of such information provided.
  1. You agree that all information submitted by you to AirVendor's Services is accurate, true and correct and does not contain any misleading or deceptive statements (including by omission). You acknowledge that you have a continuing obligation to update AirVendor and you are required to notify AirVendor of information which is no longer accurate, true and correct or which becomes misleading or deceptive
  1. You acknowledge that, by virtue of the registration of your details on AirVendor's Services, information relating to you will be available on a searchable database accessible by Healthcare Facilities. This information may include your identity details, location tracking, training and education records and accreditations.
  1. You must ensure that all information about you on AirVendor's Services is accurate, complete and up-to-date. It is your responsibility to inform us of any changes to that information.  You may do this at any time by updating your details on AirVendor's website or contacting us at info@airvendor.com.au In particular, it is your responsibility to promptly inform us if you change employers or cease to work at the Healthcare Facilities.
  1. We may cancel your online user account from AirVendor's Services if you cease to be an employee or sub-contractor of the Vendor and/or cease to attend a Healthcare Facility in a business capacity.
  1. We may, in our discretion, remove your details from the AirVendor's Services if, at any time, we consider that:
  • AirVendor's Services contains any inaccurate, incomplete or out-of-date information about you; or
  • any of your relevant accreditations may have been falsely obtained.
  1. You may request that your online user account is cancelled from the AirVendor's Services at any time by contacting us at info@airvendor.com.au
  1. You acknowledge that the inclusion of your details on AirVendor's Services does not constitute any approval or endorsement by AirVendor of you or the goods or/or services that you or your company or business provide.

Intellectual property rights

  1. You grant us an irrevocable, perpetual, non-exclusive, worldwide, royalty-free, sub-licensable licence to use, reproduce, adapt, modify, communicate and publish all content that you submit to AirVendor's Services to Healthcare Facilities. You warrant to us that you have the necessary rights to grant this licence.
  1. Subject to paragraph 26, and unless otherwise indicated, we (and/or our third-party licensors) own the copyright and other intellectual property rights in the text, graphics, information, designs, data and other content on AirVendor's Services. While you may browse or print the content for non-commercial, personal or internal business use, you must obtain our prior written consent if you would like to use, copy or reproduce any part of AirVendor's Services for any other purpose.  All trademarks appearing on AirVendor's Services belong to their respective owners.  You may not use our trade marks in Australia or internationally without our prior written consent, except to legitimately identify our products or services.

Restrictions on use

  1. You agree to only use AirVendor's Services in accordance with these terms and conditions.
  1. You must not directly or indirectly, introduce or permit the introduction of, any virus, worm, trojan or other malicious code into AirVendor's Services.
  1. You must not (nor permit a third party to) upload or submit any data or information to or via AirVendor's Services or use AirVendor's Services in a way:
  • to engage in any activity which breaches any law, infringes a third party's rights, or in a manner which interferes with the rights of any other person;
  • to infringe the intellectual property rights (including trademarks and copyright) of AirVendor or any third party;
  • in any way that is defamatory, obscene, misleading or deceptive or otherwise illegal; or
  • in any way that constitutes misuse, or resale or other commercial use, of AirVendor's Services (or any content and/or services provided or made available by AirVendor).

Disclaimer

  1. All content and/or services provided or made available through AirVendor's Services, are made available to you on an 'as is' and 'as available' basis.
  1. You acknowledge and agree that to the extent possible under the law, and subject to clause 39, we make no representations, warranties or guarantees in relation to the availability, suitability, continuity, reliability, accuracy, currency or security of AirVendor's Services. We will not be liable if AirVendor's Services (or any content submitted to, provided on or made available through it) is incomplete, corrupted, inaccurate, outdated or incorrect, or if AirVendor's Services are unavailable for any reason, including directly or indirectly as a result of:
  • internet or telecommunications unavailability, interruption, delay, bottleneck, failure or fault;
  • negligent, malicious or wilful acts or omissions of third parties (including our third-party service providers);
  • maintenance or repairs carried out by us or any third-party service provider in respect of any of the systems used in connection with the provision of AirVendor's services;
  • any events beyond our control; or
  • services provided by third parties ceasing or becoming unavailable.
  1. You also acknowledge and agree that to the extent possible under the law, and subject to clause 39, we do not represent, warrant or guarantee that AirVendor's Services are free from computer viruses or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.

Links to other Sites

  1. We may, from time to time, publish links to other third party sites on AirVendor's website or mobile application. These links are provided for your convenience only and by accessing these third-party sites, you agree to any terms of access or use imposed by those sites. We do not endorse any material on third party sites and do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on those sites, nor do we warrant that material on other sites does not infringe the intellectual property rights of any other person.

Representations and warranties

  1. You represent and warrant that:
  • if you are an individual, you are at least 18 years of age and have the legal capacity to enter into this agreement;
  • if you are a corporation, you are validly existing under the laws of your place of incorporation;
  • you have the power to enter into and perform your obligations under these terms and conditions and carry out the transactions contemplated in these terms and conditions;
  • you have taken all necessary action to authorises your entry into and performance of these terms and conditions and the transaction contemplated in them; and
  • your obligations under this agreement are valid and binding and enforceable under and in accordance with these terms and conditions.
  1. You agree to:
  • not submit any speculative, false or fraudulent information or documents; and
  • use AirVendor's Services for the purpose of providing your credentials to AirVendor and for no other personal purposes.

Indemnity 

  1. You indemnify us (and all our subsidiaries, employees and officers) against all loss, actions, proceedings, cost and expenses (including legal fees), claims and damages (Damages) arising directly or indirectly out of or in connection with:
  • a breach of by you of these terms and conditions;
  • any negligent or fraudulent act, error or omission by you;
  • the use of your user account by you or any third party;
  • the publication or transmission of any information that you provide to us for inclusion in Air Vendor's Services (including any Damages sustained or incurred by us in connection with complaints or claims relating to any such information);
  • loss of or damage to any property or injury to or death of any person caused by any act or omission by you; or
  • any claim by a third party against us relating to:
    • your use of AirVendor's Services (or use by any person who accesses AirVendor's Services using your user account); or
    • any information that you provide to us for inclusion on AirVendor's Services.

Consumer Guarantees

  1. To the extent permitted by law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are excluded under these terms and conditions. However, if a supply under these terms and conditions is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended or replaced from time to time), nothing contained in these terms and conditions excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits us to limit our liability, then our liability is limited to:
    • in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
    • in the case of software or other goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired,

except in the case of a major failure (as that term is defined in the Australian Consumer Law), we can elect as between the remedies set out in paragraphs (a) and (b) above. 

Exclusion of liability

  1. Subject to clause 38 and to the extent permitted by law, we exclude liability for all direct, indirect or consequential liabilities, losses, damages, costs and expenses (including, without limitation, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data or loss of anticipated savings or benefits), whether arising in contract, tort (including negligence) or otherwise, suffered or incurred by any person:
  • in connection with or in any way relating to AirVendor's Services or any content and/or services provided or made available through AirVendor's Services, including:
    • in connection with any disruption to or unavailability or failure of AirVendor's Services or interference with or damage to computer systems or other electronic devices;
    • in connection with errors, omissions or inaccuracies contained in any information published on or available via AirVendor's Services;
    • as a result of any fraudulent use, misuse or misappropriation of any online user account; or
    • as a result of any act committed by another person in connection with your use of AirVendor's Services or any content and/or services provided or made available through AirVendor's Services;
  • arising from any circumstance beyond our control; and
  • otherwise under or in connection with these terms and conditions.

Variation, suspension and termination

  1. Without prejudice to any other rights or remedies that we may have against you under these terms and conditions or at law, if you breach any provision of these terms and conditions, we may, by giving you written notice, terminate these terms and conditions and disable your access to AirVendor's Services, without any liability to you. This will include termination of your online user account and the removal of all of your accreditation details from AirVendor's Services.
  1. We may:
    • change all or part of AirVendor's Services (including the availability of any feature or content) or suspend access to AirVendor's Services any time for any reason, without having to give you notice;
    • impose limits on certain features or restrict your access to all or part of AirVendor's Services, without having to give you notice;
    • terminate your access to and use of AirVendor's Services (including your user account) without cause by giving you 14 days prior written notice.
  2. You may close your online user account at any time by sending an email to info@airvendor.com.au

Privacy policy

Our privacy policy which can be found at airvendor.com.au/privacy-policy forms part of these terms and conditions (Privacy Policy).

GST

  1. If AirVendor makes a supply under or in connection with these terms and conditions on which GST is imposed (not being a supply the consideration for which is specifically described in this deed as being GST inclusive):
  • the consideration payable or to be provided for that supply under these terms and conditions but for the application of this section (GST exclusive consideration) is increased by, and you must also pay to AirVendor, an amount equal to the GST payable by you on that supply; and
  • the amount by which the GST exclusive consideration is increased must be paid to AirVendor by you without set off, deduction or requirement for demand, at the same time as the GST exclusive consideration is payable or to be provided.
  1. If a payment to a party under these terms and conditions is a reimbursement or indemnification, calculated by reference to a loss, cost or expense incurred by that party, then the payment will be reduced by the amount of any input tax credit to which that party is entitled for that loss, cost or expense.

General

  1. We may change these terms and conditions from time to time. If we reasonably consider that the change is likely to:
  • benefit you or have a neutral or minor detrimental impact on you, we may change these terms and condition by making such changes immediately without notifying you except by publishing these terms and condition as amended on AirVendor's Services; or
  • have a significant detrimental impact on you (including by introducing or changing any fee for the use of AirVendor's Services), we will make such changes to these Terms no sooner than 10 days after we have notified you of those changes on the home page of AirVendor's Services as part of your account registration.
  1. If you do not accept a change made by us to these terms and conditions, you must immediately cease using AirVendor's Services and may close your user account by sending an email to info@airvendor.com.au
  1. You must not assign, sublicense or otherwise deal in any other way with any of your rights under these terms and conditions.
  1. If a provision of these terms and conditions is invalid or unenforceable, it may be severed from these terms and conditions and the remaining provisions of these terms and conditions continue in force.
  1. These terms and conditions will be governed by and construed in accordance with the laws in force in Victoria, and you unconditionally submit to the jurisdiction of the courts of Victoria. Although Australian websites and mobile applications may be accessed outside of Australia, we make no representation that the content complies with the laws of any other country. If you access this website or mobile application from outside Australia, you are solely responsible for ensuring compliance with your local laws and for any reliance on our website or mobile application content.

These terms and conditions and the Privacy Policy are the entire agreement between us on its subject matter and supersede any previous arrangements, agreements, representations, understandings or statements (whether verbal, in writing or in some other form)