Common use of Customer responsible for Users Clause in Contracts

Customer responsible for Users. (a) The Customer will ensure that each User is aware of the terms of this agreement and uses the Software only for the purposes permitted in accordance with clause 3.2. The Customer will immediately terminate the authorisation of a User if that User uses the Software for any purpose not permitted in accordance with clause 3.2. If the Customer does not comply with its obligation under this clause 3.3(a) to terminate the authorisation of a User, HosPortal may terminate the User Account under which that User accesses the Software. The Customer agrees it will not have any rights to make any claim of any nature against HosPortal if it terminates any User Account on the terms contemplated by this clause 3.3(a). The Customer will ensure that, if the authorisation of a User, or a User Account, is terminated under this clause 3.3(a), the relevant User who has used the Software for any purpose not permitted in accordance with clause 3.2 is not subsequently authorised by the Customer to use any other User Account. (b) The Customer will ensure that: (i) each User is required to keep the password for the User Account used by him or her confidential; and (ii) acknowledging that multiple Users may use the one User Account, no User will allow any person not authorised by the Customer to use the relevant User Account to access, or use, that password. (c) The Customer will ensure that no patient information (including without limitation any Personal Information of any patient) or “sensitive information”, as defined in the Privacy Act, of any person is entered into the Software by any User. HosPortal may require the Customer to remove any information entered into the Software in breach of this clause 3.3(c). If the Customer fails to comply with any such request, HosPortal may remove that information from the Software. The Customer agrees it will not have any rights to make any claim of any nature against HosPortal if it removes any information from the Software on the terms contemplated by this clause 3.3(c). (d) The Customer agrees that HosPortal has no contractual or other relationship with any User and that no User may make any claim, of any nature, against HosPortal in relation to this agreement or the use or non-use of the Software. The Customer indemnifies HosPortal against any loss, damage or expense (including lawyers’ fees on a full indemnity basis) suffered or incurred by HosPortal arising out of or in connection with any such claim being made by a User.