Patient Blood Management Collaborative Agreement

Events

These meanings are in relation to the agreement for access to IF’s online web portal qiConnect between IF and the lead Health Service.

PART F: MEANINGS IN THESE CONDITIONS

In these Conditions, unless the context otherwise requires:

Agreement means the agreement between the Health Service and the Client regarding the participation of the Health Service (including provision of the Services) in the Program.
Services means the obligations of the Health Service as specified in the Agreement or as otherwise mutually agreed in writing between the parties from time to time.

Bankruptcy Event means a party (a) becomes an externally-administered body corporate or an insolvent under administration or has a controller appointed over its property (all within the meaning of section 9 of the Corporations Act 2001 (Act)), (b) has a resolution passed for its winding up or liquidation, (c) becomes insolvent or bankrupt, or cannot pay its debts as and when they fall due.

Business Day means a day that is not a Saturday or Sunday or a public holiday in the place where the Services (or majority of the Services) are being performed.

Client means the Australian Commission on Safety and Quality in Health Care.

Commencement Date means the date the Health Service accepts these Conditions.

Confidential Information means any confidential or proprietary information (in any form, including copies) obtained by the Health Service in its dealings with IF, including commercial or financial information about IF, IF’s business, Programs, the Client or the Agreement or about any customer or person associated with IF.

Consultant means any person who takes part in the provision of the Services whether as an officer, employee, agent or independent contractor of the Health Service or a Health Service involved in the Collaborative.

Existing Intellectual Property means any Intellectual Property of the Health Service that is created by the Health Service at any time other than as a result of performing the Services.

GST means any tax imposed on the supply of goods or services under GST Law and GST Law means A New Tax System (Goods and Services Tax) Act 1999.

Health Service means healthcare organisation or a group of healthcare organisations who are working as a consortium for the purposes of the Patient Blood Management Collaborative.

IF Web Portal means that part of IF’s web portal, qiConnect which IF makes available to the Health Service to assist the Health Service in performing the Services under these Conditions and the Agreement and, if applicable, means being the portion of the IF Web Portal designated and used for the Program.

Intellectual Property means all copyright and all rights in relation to inventions (including patents and patent rights), registered and unregistered trademarks, registered and unregistered designs, confidential information, trade secrets and know-how, circuit layout rights and any other rights resulting from intellectual activity in the industrial, scientific, literary and artistic fields.

New Intellectual Property means any Intellectual Property that is created by the Health Service or IF as a result of performing its obligations under the Agreement. Program or Collaborative means the PBM Program as that term is defined in the Agreement.

Term means the period commencing on the date that the Health Service is to commence the Services as specified in the Agreement and ending on the date these Conditions are terminated or the Health Service completes the Services (whichever is earlier) or such other date mutually agreed in writing between the parties from time to time.


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