1 pharmCare Member Registration
1.1 Eligible persons
pharmCare is intended for exclusive use by registered pharmacists (with the Australian Health Practitioner Regulation Agency) working in Australia, and who hold the appropriate levels of accreditation for the relevant Professional Services modules in pharmCare.
Registered pharmacists must not use any Professional Service module in pharmCare for which they do not hold the relevant Federal and State regulatory accreditations.
pharmCare must not be used by any person who is not registered as an pharmCare member in accordance with these terms and conditions.
To register as a member, you must provide true, accurate and complete information. On registration you will be issued with a password. You are responsible for keeping your password secure and for all activities occurring under your username.
1.3 Terms and conditions
You agree to be bound by these terms and conditions for the use of pharmCare, and acknowledge that Medscope Pty Ltd ACN 124 460 840 (Medscope) reserves the right to change these terms and conditions from time to time and that any change will be effective on posting on this website.
2 Your general obligations
2.1 You must:
- make sure all information provided to Medscope is true, accurate and complete;
- use pharmCare in accordance with the instructions and recommendations detailed by Medscope on its website from time to time; and
- take full responsibility for ensuring compliance with regulatory requirements associated with all services provided to the public.
- take full responsibility for ensuring compliance with regulatory service reporting and documentation requirements for all services provided to the public.
2.2 You must not:
- use pharmCare or any data contained therein for any purpose other than the purpose for which it is expressly provided;
- do anything that could give rise to criminal or civil liability for either yourself or Medscope;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself;
- upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of pharmCare or this website; or
- deliberately enter false information in pharmCare, for the purpose of generating a medicare claim or for any other purpose.
You indemnify Medscope and its officers, employees and agents, against all loss suffered (including reasonable legal costs on a solicitor-client basis) and liability incurred by any of them arising from any breach by you of your obligations under this agreement.
3 Medscope’s general obligations
In addition to any specific obligations set out in this agreement, Medscope must:
- use reasonable care and skill in providing pharmCare; and
4 Limitation of Liability
Medscope has no liability (whether for direct, indirect or consequential loss or damage) to you, nor any obligation to remedy any problem resulting from:
- use of pharmCare, by you or any other person, otherwise than in accordance with the instructions and recommendations detailed by Medscope on its website from time to time;
- any breach by you of your obligations under this agreement;
- your own data not being copied or backed up;
- reliance by you or any other person, on pharmCare to comply with any the State and Federal regulatry requirements.
4.2 Exclusion of liability
Medscope is not liable to you (or to any third party) for, and you release Medscope from, any loss, liability, damage, expense or cost whatsoever, including (without limitation) indirect or consequential loss or damage, loss of profits or business opportunity caused by any act or omission of Medscope, its officers, employees or agents, and whether based on negligence or other tort, contract or otherwise.
4.3 Exclusion of implied terms
To the extent allowed by law, any term that would otherwise be implied in this agreement is excluded.
5 Intellectual Property Rights and Obligations
5.1 Intellectual property rights
Medscope warrants that it has the right, title and interest in the intellectual property rights reasonably necessary for you to be able to use pharmCare in accordance with this agreement. Ownership of the intellectual property rights in this website, pharmCare and any document generated using pharmCare do not pass to the you under this agreement.
5.2 Claims of infringement
If any person other than Medscope claims that you are in breach of that person’s intellectual property rights by use of pharmCare:
- you must inform Medscope of that claim as soon as you become aware of it;
- you must cease using the deliverable at Medscope’s request; and
- Medscope indemnifies you against all liability under any final judgment in proceedings brought by that person so long as you have:
- met all your obligations under this agreement;
- given Medscope the option to conduct the defence of the person’s claim (including any settlement or compromise negotiations);
- provided Medscope with reasonable assistance in conducting the defence of the claim; and
- permitted Medscope to modify or substitute the deliverable at Medscope’s expense to avoid continuing infringement.
6.1 Charges specified on website
The website will specify the charges payable by you for use of pharmCare. All charges are in Australian dollars and are subject to GST.
6.2 Varying charges
Medscope may vary its charges from time to time and must use reasonable endeavours to draw your attention to the fact that its charges have changed. It may do this by means of a notice on its web site or otherwise. Medscope may vary charges at any time without notice as a result of any introduction of or change in any State or Federal taxes.
You must pay all charges in accordance with the Terms and Conditions for Payment on this website. These terms and conditions constitute the relevant “Product Terms and Conditions” referred to in the Terms and Conditions for Payment.
Medscope may terminate your registration and delete any content or information that you have uploaded for any breach of this agreement by you.
9.1 Governing law
Any right or obligation under these terms and conditions is governed by the laws in force in the state of Tasmania, Australia and the parties submit to the non-exclusive jurisdiction of the courts of Tasmania, Australia in respect of any action that arises under these terms and conditions.
9.2 No waiver
The failure of Medscope to exercise or enforce any right or provision of these terms and conditions does not constitute a waiver of such right or provision in that or in any instance.
If any provision of these terms and conditions are held to be invalid, unlawful void or otherwise unenforceable, then that provision will be deemed severed from these terms and conditions and will not effect the validity and enforceability of any remaining provisions.
In these terms and conditions, the singular includes the plural and vice versa, reference to a person includes any legal or business entity, the words “including” and “for example” have no limiting effect.