VaccinateWA Terms of Use

VaccinateWA is provided by the State as represented by the Department of Health in Western Australia (also called WA Health) as part of the State's measures to vaccinate against COVID-19 and other diseases.

What this site is for. VaccinateWA is an online platform that allows WA residents a convenient way to register to receive a vaccine.

Do not use this site

• if you are under 16 - any use of or access to VaccinateWA by those under 16 years old is not permitted and violates these Terms of Use; or
• outside Western Australia - VaccinateWA is designed for use only for residents within Western Australia, and any use outside Western Australia is not permitted.

Questions or concerns. If you have any questions, concerns or suggestions about VaccinateWA, please email VaccinateWA@health.wa.gov.au.

Terms of Use

What these terms are about. These VaccinateWA Terms of Use apply to individuals who access and use the VaccinateWA site and any associated website or software (collectively referred to as VaccinateWA).

These Terms outline the rules that apply to your use of VaccinateWA. Please read them carefully as they contain information about your rights and obligations. By using or accessing VaccinateWA you are agreeing to these Terms.

Any person using VaccinateWA for another person is agreeing to these Terms on behalf of that person – and represents and warrants that the person can (and are authorised) to do so on behalf of that person.

If you don't agree to ALL of these Terms, then do not access or use VaccinateWA.

Who these terms apply to. These Terms apply to:

• you - the individual who uses VaccinateWA and any other person you represent or warrant to be using VaccinateWA on behalf of (who you must inform of these Terms); and
• WA Health.

Changes to these Terms. These Terms may only be changed by WA Health. If these Terms are changed, you will be notified when you next use VaccinateWA.

If you don't agree with the changes, then do not continue to use VaccinateWA. If you continue to use VaccinateWA, the updated terms will apply from the time they were changed. They will replace any previous VaccinateWA Terms of Use.

Accessing VaccinateWA

To access VaccinateWA, you will need:

• a desktop device - VaccinateWA is accessible using the latest available browser versions. For an Apple Mac OS computer the latest versions of Apple Safari, Google Chrome and Mozilla Firefox are supported. For a Microsoft Windows desktop the latest versions of Google Chrome, Microsoft Edge and Mozilla Firefox are supported. VaccinateWA will not work with Microsoft Internet Explorer.
• or a mobile device - VaccinateWA is accessible using the latest available browser versions. For Apple iOS phones or tablets the latest version of Apple Safari is supported. For Android phones or tablets the latest version of Google Chrome is supported. For Windows 10 phones the latest version of Microsoft Edge is supported. Windows 8 phones are not supported.
  For more details on device/browser compatibility and the most current information please visit Salesforce (external site).
• and a reliable network connection - you are responsible for all internet access and network charges.

The performance of VaccinateWA may be affected by many things, including your device, location and the quality of your network connection.

Your account and login details

Setting up an account. To use VaccinateWA, you will need to set up an account and provide accurate, complete and up-to-date information.

You must not share your VaccinateWA login details with anyone else. Keep your login details safe and secure so that no one else can access them. If:

• you don't take reasonable steps to keep your login details secure, and someone else signs into your account; or
• you give your login details to someone else who then signs into your account;

then you are responsible for everything that person does using your account.

Tell WA Health immediately if you think your password is no longer secure, or if think someone else has accessed your VaccinateWA account. You should change your password immediately via the password reset features as soon as you suspect this has occurred. If you require assistance, please email VaccinateWA@health.wa.gov.au.

Follow the law and these Terms. You are responsible for complying with these Terms, and with all laws (and with any other terms and conditions) that apply to your use of VaccinateWA. This includes any directions that apply to you, or that have been issued to you, under the Emergency Management Act or the Public Health Act.

Using VaccinateWA for the right reasons

Don't use VaccinateWA for other things. You must not use VaccinateWA for any other reason other than registration to receive a vaccination, or in any way other than as set out in these Terms. Without limitation, this means you cannot do any of the following:

• no commercial use: you must not resell or make VaccinateWA available to any third party, or otherwise commercially exploit VaccinateWA;
• no decompiling: you must not (nor attempt to) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying algorithms on any part of VaccinateWA or the technology it uses;
• no framing: you must not (nor attempt to) frame or mirror any part of VaccinateWA, or delete any attributions or legal or proprietary notices on VaccinateWA;

• no monitoring or copying: you must not monitor or copy VaccinateWA, not change, translate or otherwise create derivate works of VaccinateWA, not use any software (like bots, scraper tools etc) to access, monitor or copy VaccinateWA, and not use VaccinateWA or its contents to build or inform a competitive product service;

• security measures: you must not attempt to bypass or undermine any security measures in respect of VaccinateWA or any technology it uses;

• no automation: you mustnot access or use VaccinateWA using automated means;
• no harming the system: you must not use (or misuse) VaccinateWA in any way that may impair the functionality of the underlying systems or other technology that VaccinateWA uses, or impair the ability of any other user to access or use VaccinateWA;
• no harming others: you must not use VaccinateWA in a way that violates anyone else's rights (including intellectual property rights) or privacy, or is objectionable or misleading;
• no unauthorised access: you must not attempt to view, access or copy any material or data that you are not allowed to access - or any material or data that you don't need in order to use VaccinateWA in accordance with these Terms; and
• no other user: you must not allow anyone else (other than you) to access or use VaccinateWA using your login details. Do not access anyone else's VaccinateWA account unless it is a person you have represented and warranted that you have agreed these terms of use on behalf of and that person has expressly permitted you to do so.

Privacy and your information

By using VaccinateWA, you agree to the collection, use, storage and disclosure of your information, as set out in the VaccinateWA Privacy Policy.

Your information will be made available to WA Health service providers who assist with WA Health operations, including:

• Deloitte Consulting Pty Ltd (Deloitte), who have committed to dealing with your information in accordance with the VaccinateWA Privacy Policy; and
• SFDC Australia Pty Ltd (Salesforce), who have their own privacy practices to comply with the VaccinateWA Privacy Policy. Salesforce have committed to dealing with your information in accordance laws and government regulations, including the Privacy Act 1988 (Cth).
• OwnBackup, Pty Ltd who have their own privacy practices, refer to the VaccinateWA Privacy Policy for details on how your information is used, disclosed and stored.
• Adaptus Pty Ltd who have their own privacy practices, refer to the VaccinateWA Privacy Policy for details on how your information is used, disclosed and stored.
• Skedulo Pty Ltd who have their own privacy practices, refer to the VaccinateWA Privacy Policy for details on how your information is used, disclosed and stored.
• Baidam Solutions Pty Ltd who have their own privacy practices, refer to the VaccinateWA Privacy Policy for details on how your information is used, disclosed and stored.

Your information will be made available to third party services, including:

• The Trustee for the SmartX Data Unit Trust (trading as SmartVax), who actively monitor the safety of vaccines, and who may use and disclose your personal information, if you opt in, for the purpose(s) for which it was collected, or as otherwise permitted by law. Refer to the SmartVax Privacy Policy (external site)
• Australian Immunisation Register (AIR), the national register where your vaccinations are recorded operated by Services Australia, pursuant to the Australian Immunisation Register Act 2015 (Cth) which outlines what kind of personal and sensitive information is collected, and for what purpose(s). Refer to the Services Australia Privacy Policy (external site)

You agree:

• to receive electronic messages via electronic notifications, including by email and electronic notifications on your mobile device; and
• that any such messages are accepted by you as written communications and notice as at the time and date they are issued.

Limitations of VaccinateWA

No warranties: VaccinateWA is provided 'as is' and 'as available'. Except as required by law, WA Health does not make any claims (and hereby disclaim any warranties) relating to:

• quality, performance or fitness for any particular purpose of VaccinateWA;
• accuracy, reliability or quiet enjoyment of VaccinateWA;
• non-infringement of third-party rights (including intellectual property rights); or
• anything else to do with VaccinateWA or any associated services.

Nothing that we say or write creates any warranties in respect of VaccinateWA.

Errors and interruptions. WA Health is not responsible for:

• making sure VaccinateWA is error free;
• ensuring any defects with VaccinateWA will be fixed; or
• ensuring that you have continuous access to VaccinateWA.

Third party technologies. VaccinateWA uses technology and services that are provided by third parties. The technology and services may not always work as expected. As with the other aspects of VaccinateWA, WA Health is not responsible for the operation of those technologies and services, or for making sure they are error-free.

We may change or withdraw VaccinateWA. WA Health may, at any time, and without notice or liability to you:

• change VaccinateWA; or
• suspend or discontinue VaccinateWA (in whole or in part).

WA Health can cancel your access to VaccinateWA. WA Health may, at any time, and without notice or liability to you:

• terminate, suspend, restrict or disable your access to or use of VaccinateWA; or
• change who can use VaccinateWA.

This could be because you do not comply with these Terms or with your legal obligations - or it could be for any other reason, including reasons relating to WA Health operations.

Limitations of liability

Use of VaccinateWA is at your own risk. If VaccinateWA is defective, you won't be reimbursed for any costs of fixing it - or fixing any damage or loss you suffer arising from it.

WA Health is not liable for loss. WA Health and its service providers are not liable for personal injury, or for any incidental, special, indirect or consequential damages whatsoever - including, without limitation:

• loss of data or damage to any technology;
• loss of profits or income, loss of opportunity;
• interruption to your business or your travel plans; or
• any other loss or cost arising out of or related to your use of (or inability to use) VaccinateWA;

however caused, and whether arising under contract, tort, statute or otherwise, and even if you have advised WA Health of the possibility of such loss or cost.

WA Health's is not liable for any damages and any kind of loss you suffer from the use of VaccinateWA.

Your rights at law. where the operation of any of the above limitations are excluded by law, then you agree that they will apply to the maximum extent permitted by law.

If WA Health is liable to you under the Australian Competition and Consumer Act 2010 (Cth) or similar legislation, then (to the extent legally possible), WA Health limits its liability under those provisions to:

• supplying VaccinateWA or any relevant services again; or
• the payment of the cost of having VaccinateWA or relevant services supplied again as WA Health chooses.

Intellectual property rights

WA Health (or its service providers) own all rights in VaccinateWA and the technology it uses. It is licensed (not sold) to you. The licence is for you to use VaccinateWA for the sole purpose of registering for a vaccination.

WA Health reserves all rights in and to VaccinateWA (including in respect of technology, trademarks and branding) that are not expressly granted to you under this licence. You agree not to challenge or dispute those reserved rights.

If you provide us any feedback about VaccinateWA, we may use and disclose your feedback without any obligation to you. We own all rights in anything created as a result of that feedback (including any changes to VaccinateWA).

Applicable laws, disputes, and interpretation

Laws of WA. These Terms are governed by and interpreted in accordance with the laws of Western Australia, and the courts of Western Australia will have exclusive jurisdiction in respect of any dispute which may arise.

Disputes. Before filing a claim or complaint against WA Health, you agree to attempt to resolve the dispute by first emailing VaccinateWA@health.wa.gov.au) with a description of your claim. We will attempt to resolve the dispute within 60 days of receiving your call. You may commence further action only if we are unable to otherwise resolve the dispute with you.

Interpretation. 'Including' and similar words do not imply any limit. If any part of these Terms is illegal, unenforceable or invalid, that part is deemed to be severed only to the extent as required so that it is no longer illegal, unenforceable or invalid, and the remaining parts of these Terms remain in full effect. Our failure or delay in enforcing these Terms is not a waiver of our right to do so later. References to an organisation include firms, companies, partnerships, joint ventures, associations and other body corporates, and any of their successors or permitted assigns.