CHBOI Toolkit Terms of Use

This page sets out the terms and conditions of use for the CHBOI Toolkit

By completing the Consent Form below you are agreeing to these terms (Terms of Use). Upon agreeing to these Terms and Conditions, the toolkit will be sent to your nominated email address.

1. The CHBOI Toolkit

1.1	The Core hospital-based outcome indicators Toolkit (v3.0 and any subsequent versions) (CHBOI Toolkit) consists of the following four elements: a. National core, hospital-based outcome indicators specification 2017; b. SAS (statistical software) programs; c. Technical notes to accompany SAS programs; and d. Coefficients and reference sets generated from national data.

1.1

The Core hospital-based outcome indicators Toolkit (v3.0 and any subsequent versions) (CHBOI Toolkit) consists of the following four elements:

a. National core, hospital-based outcome indicators specification 2017;
b. SAS (statistical software) programs;
c. Technical notes to accompany SAS programs; and
d. Coefficients and reference sets generated from national data.

2. Conditions of use of the CHBOI Toolkit

2.1	Copyright and other intellectual property rights in the CHBOI Toolkit are owned by the Australian Commission on Safety and Quality in Health Care (the Commission).
2.2	You are granted a royalty-free, non-exclusive licence to use, reproduce, modify and adapt the CHBOI Toolkit solely for the following purposes (the Permitted Purposes): a. internal use within your organisation (including use by your advisers) as a screening tool for safety and quality in your organization – that is, a tool to identify potential safety and quality issues that leads to further investigation and review with the goal of improving patient safety and quality of care (Screening Tool); b. further testing of the validity of the Toolkit by you as a Screening Tool; c. further testing of the validity of the Toolkit for performance monitoring or management for the purpose of the improvement of patient safety and quality of care.
2.3	For the avoidance of doubt, you acknowledge that this licence to use the CHBOI Toolkit does not permit: a. commercial exploitation of the CHBOI Toolkit; b. public disclosure of the CHBOI Toolkit; c. use of the CHBOI Toolkit for public reporting; d. use of the CHBOI Toolkit for marketing or other commercial purposes; or e. use of the CHBOI Toolkit for any purpose other than the Permitted Purposes.
2.4	In using the CHBOI Toolkit, you must not use the Commission’s branding or logo without our written consent.

3. Privacy

3.1	You agree, in relation to the use of the CHBOI Toolkit: a. not to do any act or engage in any practice which, if done or engaged in by the Commission, would be a breach of the requirements of Division 2 of Part III of the Privacy Act 1988 (Cth); and b. to comply with any directions, guidelines, determinations or recommendations of the Commission to the extent that they are consistent with the obligations referred to in clause 3.1(a).

3.1

You agree, in relation to the use of the CHBOI Toolkit:

a. not to do any act or engage in any practice which, if done or engaged in by the Commission, would be a breach of the requirements of Division 2 of Part III of the Privacy Act 1988 (Cth); and
b. to comply with any directions, guidelines, determinations or recommendations of the Commission to the extent that they are consistent with the obligations referred to in clause 3.1(a).

4. Disclaimer

4.1	You acknowledge that the CHBOI Toolkit: a. is an evolving screening tool which the Commission expects to (but is not required to) update or improve over time; and b. may be amended by the Commission, as set out in clause 6.1.
4.2	The Commission gives no warranty and makes no representation as to the accuracy, completeness or quality of the CHBOI Toolkit, or its suitability for your particular circumstances.
4.3	You use the CHBOI Toolkit at your own risk.
4.4	The CHBOI Toolkit should not be used as a mechanism for payment.

5. No liability

5.1	You waive any right to make a claim against the Commission in respect of any loss or damage however caused, which may be incurred or which may arise directly or indirectly in respect of your use of, or reliance on, the CHBOI Toolkit.
5.2	You indemnify the Commission from and against any cost, or liability incurred by the Commission arising from a breach by you of these Terms of Use.
5.3	The right of the Commission to be indemnified under this clause is in addition to, and not exclusive of, any other right, power or remedy provided by law, but the Commission is not entitled to be compensated in excess of the amount of the relevant cost, liability, loss, damage or expense.

6. Amendment to CHBOI Toolkit

6.1	The Commission may amend the CHBOI Toolkit at any time, including adding or removing features, or may suspend provision of the CHBOI Toolkit.

7. Suspension or termination of use

7.1	If you do not comply with these Terms of Use, the Commission may: a. direct that you immediately suspend use of the CHBOI Toolkit; b. terminate the licence granted to you under these Terms of Use; and/or c. refuse to grant any other licences in relation to the CHBOI Toolkit (including subsequent versions).