Organisational Access Terms and Conditions

healthLearn - Terms and Conditions of use- Organisation

 

In these terms and conditions (Terms and Conditions), CDHB means the Canterbury District Health Board who hosts the Learner Management System (healthLearn) and the Organisation means an entity authorised by CDHB to access and use healthLearn. The Terms and Conditions govern the use of healthLearn.  By accessing healthLearn, the Organisation accepts the Terms and Conditions. A licence to access healthlearn is only granted on the basis that the Terms and Conditions are accepted.

 

Purpose

CDHB recognises that personnel external to the CDHB who are health workers (Users) may benefit from access to learning content contained within healthLearn as part of maintaining and extending the range of skills they can offer to the wider health system. These Terms and Conditions set out the terms on which access to healthLearn will be provided.

 

Approved Health System Region

At CDHB’s discretion, healthLearn will be provided free of charge to approved Organisations and Users within the Approved Health System Region (AHSR) as defined by CDHB. Organisations that operate within the AHSR area that also have health workers outside the AHSR area will generally only be allocated free user accounts for health workers within the AHSR area. In addition to any other rights under these Terms and Conditions, CDHB reserves the right to charge the Organisation for access to healthLearn if the number of user accounts allocated to the Organisation is exceeded or used by health workers outside the AHSR area without CDHB’s consent. 

 

Obligations

CDHB agrees to:

  • provide AHSR Users approved by CDHB access to content at a course level in healthLearn; and
  • provide a level of support to Organisations as outlined in the Business Rules for healthLearn set out in Schedule 1 attached.

The access and support services to be provided by CDHB as referred to above shall be on an all care, no responsibility basis. CDHB shall have no liability to Organisation or its Users arising from or in connection with these Terms and Conditions or healthLearn.

 

The Organisation agrees to:

  • adhere to, and procure that its Users adhere to, the Business Rules for healthLearn set out in Schedule 1 attached; and
  • provide end user support for Users to access healthLearn.

 

Confidentiality

The Organisation agrees to keep confidential any information reasonably considered to be of a confidential nature (Confidential Information) and will not, without the CDHB’s prior written consent, divulge any Confidential Information to any third party.  This provision will not apply to:

  • any information in the public domain other than in breach of these Terms and Conditions;
  • information obtained from a third party who is free to divulge the same; or
  • disclosure of information which is required by law.

 

Intellectual Property

All intellectual property rights in healthLearn and its content belong to the CDHB and nothing in these Terms and Conditions has the effect of transferring ownership of any aspect to any third party.

 

Assignment

The Organisation shall not transfer, assign or sublicense any aspect of the grant of rights of access to healthLearn without the CDHB’s prior written consent.

 

Termination

If the Organisation or its Users fail to comply with these Terms and Conditions (including the Business Rules for healthLearn attached as Schedule 1), then CDHB may, without liability, immediately suspend or terminate access to healthLearn for the Organisation or all/any Users. CDHB may, without cause or liability, terminate the Organisation’s or all/any User’s access to healthLearn at any time by giving not less than 30 days prior written notice to the terminated Organisation and/or Users.  On termination of the Organisation’s or all/any User’s access to healthLearn, all provisions of these Terms and Conditions that are intended to continue after termination of access will continue in full force and effect.

 

Review

CDHB may from time to time to review how it provides healthLearn. Such review may include review of the costs to CDHB of providing access to healthLearn and whether it charges for future access.

 

Indemnity

The Organisation indemnifies CDHB and will keep CDHB indemnified against any loss, costs, expenses or damages incurred or suffered by CDHB which arise directly out of the Organisation’s breach of these Terms and Conditions. 

 

Variation

These Terms and Conditions may be varied by CDHB at any time and any variation will be effective once published on healthLearn.

 

Severability

In the event that any term of these Terms and Conditions is subsequently found to be unenforceable, invalid or illegal for any reason whatsoever, the other terms will be remain in full force and effect as if these Terms and Conditions had been agreed to without such provision. 

 

Schedule 1:

SUPPORT SERVICES

For the term of this Agreement, we agree to provide you the following Support Services:

  1. We agree to train initially your nominated staff to act as learner support for your Subscribed Users and/or develop tools, processes and procedures for your nominated staff to act as learner support for your Subscribed Users. 
  2. Support services are available to you during our business hours, Monday to Friday from 8 am to 4pm, excluding public holidays in Christchurch.
  3. Support Services are limited to access to and use of heathLearn only.  We will not provide you with support in relation to any of the Content or other materials that may be available to you on other LMS Platforms.

 

 

 

 

 

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