The Access and Choice reporting portal

Date 18 May 2023

Parties:

• Te Whatu Ora – Health New Zealand (Te Whatu Ora)
• (Service Provider)

1. Background

The Service Provider refers to the organisations and personnel involved in implementing and delivering the Access and Choice programme (Programme).  Service Providers record relevant information about the Programme into the Access and Choice Reporting Portal (Portal) operated by Te Whatu Ora.

2. Application of Terms

These terms apply to use of the Portal.  By creating an account, accessing, and using the Portal:

• the Service Provider agrees to the Terms; and
• where access and use is on behalf of another person (e.g. a company), the Service Provider confirms that they are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.

3. Changes

Te Whatu Ora may change these Terms at any time by updating them on the Portal.  Unless stated otherwise, any changes take effect immediately.  The Service Provider is responsible for ensuring they are familiar with the latest Terms.  By continuing to access and use the Portal, they agree to be bound by the changed Terms. 

Te Whatu Ora may change, suspend, discontinue, or restrict access to, the Portal without notice or liability. 

These terms were last updated on 18 May 2023

4. Service Provider Obligations

The Service Provider must:

• provide true, current and complete information to create their Portal account;
• ensure information they submit and verify, collected through the delivery of IPMHA services, is true and accurate; and
• not access or use the Portal in any way which compromises or may compromise the Portal (including but not limited to fraud or attempted fraud or hacking or attempted hacking), or its underlying system, or otherwise attempt to damage or interfere with the Portal.

The Service Provider consents to Te Whatu Ora using the Service Provider’s validated My Health Workforce Account so that Te Whatu Ora can verify the Service Provider and manage access to their Portal account.

The Service Provider agrees to take good care of their login details to keep them safe and secure and:

• Notify Te Whatu Ora immediately if they know or have reason to believe that there has been or is about to be fraudulent or other unlawful use of their login.
• Immediately change their password and notify Te Whatu Ora if they believe the security of their password has been compromised or if they are aware of any unauthorised use of their username or password.

The Service Provider indemnifies Te Whatu Ora against any loss suffered as a direct or indirect result of their failure to comply with these Terms, including any failure of a person who accesses and uses our Portal by using the Service Provider’s login. 

5. Intellectual Property

Te Whatu Ora own all proprietary and intellectual property rights in the Portal and underlying systems.

6. Disclaimers

To the extent permitted by law, Te Whatu Ora has no liability or responsibility to the Service Provider or any other person for any loss in connection with:

• the Portal being unavailable (in whole or in part) or performing slowly;
• any error in, or omission from, any information made available through the Portal;
• any exposure to viruses or interference which may damage the Service Provider’s computer system when accessing the Portal. To avoid doubt, the Service Provider is responsible for ensuring that the process by which they access and use the Portal protects them from this.

7. Liability

To the maximum extent permitted by law:

• Service Providers access and use the Portal at your own risk; and
• Te Whatu Ora is not liable or responsible to the Service Provider or any other person for any loss under or in connection with these Terms, the Portal or your access and use of (or inability to access and use) the Portal.

The Service Provider is involved in trade and agrees that the Consumer Guarantees Act 1993 does not apply to this service. 

8. Privacy Policy

All information relating to how Te Whatu Ora may collect, use, store and otherwise handle information about Portal users in accordance with the Privacy Act 2000 is contained in the Privacy Statement. 

9. Suspension and Termination

Without prejudice to any other right or remedy available, if Te Whatu Ora consider that you have breached these Terms or otherwise considers it appropriate, they may immediately, and without notice, suspend or terminate the Service Provider’s access to the Portal (or any part of it).

On suspension or termination, the Service Provider must immediately cease using the Website and must not attempt to gain further access.

10. General

If you require help or have any questions about your Portal account, please email us at: mhawellbeingsupport@health.govt.nz.

The Portal will never contact Service Providers to request a password, or access to a personal computer or other devices by phone or email. 

If Te Whatu Ora needs to contact the Service Provider it may do so by email or by posting a notice to the Portal.  The Service Provider agrees that this satisfies all legal requirements in relation to written communications.

These Terms, and any dispute relating to these Terms or the Portal, are governed by and must be interpreted in accordance with the laws of New Zealand.  Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms and our Portal.

For Te Whatu Ora to waive a right under these Terms, the waiver must be in writing.

Clauses which, by their nature, are intended to survive termination of these Terms, continue in force.

These Terms set out everything agreed by the Parties relating to use of the Portal and supersede and cancel anything discussed, exchanged, or agreed prior to agreeing to these Terms.  The Parties have not relied on any representation, warranty or agreement relating to the Portal.

Te Whatu Ora operates the Access and Choice Reporting Tool Portal (the portal).  Te Whatu Ora uses the portal to collect, store, and monitor key information on the delivery of the Access and Choice programme (Programme)

This Privacy Statement outlines how Te Whatu Ora may collect, use, store and otherwise handle personal information about Access and Choice reporting portal users in accordance with the Privacy Act 2020.

We may update this privacy statement from time to time. Please check this privacy statement regularly for modifications and updates. This privacy statement was last updated on 8 May 2023.

We may collect the following personal information, either directly from the you or from personnel responsible for implementation of the Access and Choice programme in the Te Whatu Ora districts:

• Full name
• Place of work
• Contact details- email address and phone number
• Te Whatu Ora District/ locality you work in.

This information is held by Te Whatu Ora – Health New Zealand.

We may use the personal information for the following purposes:

• To verify your identity
• To communicate with you
• To set-up you up and manage your portal access (if you qualify for user access).

You have a choice whether to provide us with your personal information. If you choose not to provide us with your personal information, we may not be able to verify your identity or provide you with access to the portal (if you qualify).

Te Whatu Ora does not share your personal information with any other individual or agency unless required or permitted by law.

We take reasonable steps to ensure your personal information is protected against loss, unauthorised access, use, modification, disclosure, or other misuse.

You have the right to access any information we hold about you and ask us to correct it if you think it is wrong.

Once you have access to the portal, you can view and update your personal information directly through the portal.

Alternatively, you can email us at mhawellbeingsupport@health.govt.nz. When making a request to access or change your information, please include:

• your name
• contact address (email or postal)
• contact phone number
• details of the information you want or want to correct - this needs to be as clear and specific as you can make it. We may ask you for more details.

Please note that before we can provide you with your information or make any changes we need to be satisfied about your identity. To do so, we may need to ask you further questions or to view identification which establishes your identity.

If you have any queries or concerns about how your personal information has been managed, please contact us to see if we can resolve the problem. You can-

• Email us at hnzprivacy@health.govt.nz
• Write to us at Privacy Officer - Te Whatu Ora, PO Box 793, Wellington 6140, New Zealand

If you’re not satisfied with our response to your concerns, you can contact the Office of the Privacy Commissioner. For more information see the Office of the Privacy Commissioner website.