Terms of Use

These Terms of Use apply to the use of the website available at, www.medsinfo.com.au (Website). In using the Website, you agree to be bound by these Terms of Use. If you do not accept these Terms of Use, you must refrain from using the Website.

Terminology

In these Terms of Use, the expressions ‘we’, ‘our’ and ‘us’ are a reference to Medicines Information Pty Limited ABN 83 090 249 960 (a subsidiary of MedAdvisor International Pty Limited ABN 40 161 366 589).

1. General purpose of the Website and disclaimer

The information available through the Website is provided for general information only, and should not be relied upon as professional or medical advice. We are not a medical pr pharmaceutical organisation and cannot give you any medical advice before taking, or refraining from, any action based on the content of the Website. We recommend consumers seek appropriate medical advice before relying on any content on this Website.

While we try to ensure the information contained on the Website is accurate, adequate and complete, we do not represent or warrant the accuracy, adequacy or completeness of any content of the Website.

2. Australian content

The information available through the Website is Australia specific. If you are not in Australia, you should not access the Website and should seek local information about your medicines.

3. Ownership and accuracy of content

a) Medicine Images

The Website contains photographic representations of the front, back and (where relevant) the side view of solid dosage forms of pharmaceutical products available for sale in Australia (Medicine Images).Copyright in these Medicine Images is owned by us or owned by The Pharmacy Guild of Australia (ABN 54 519 669 143) and used by us under licence.

b) Third Party Content

The Website contains content that may be owned by third parties.

Content and information provided by third parties is clearly identified where it appears. The content in each Consumer Medicine Information (CMI) and Product Information (PI) that is accessible through the Website has been provided by the pharmaceutical company that sponsors that medicine in Australia. These CMIs and PIs are approved as correct by the pharmaceutical company at the time of submission to us. The information in these CMIs and PIs is provided for convenience only and may not remain current or be maintained.

While we believe that these third parties are reliable sources of this information and that the content is accurate, adequate and complete at the time of submission to us, we cannot guarantee that this information is always accurate, up-to-date or complete nor do we accept legal liability or responsibility for the accuracy, currency or completeness of any third party information found on the Website.

4. Copyright

Copyright in the Website (including text, graphics, logos, icons, sound records and software) is owned or licensed by us and subject to copyright protection under the Copyright Act 1968 (Cth) (Copyright Act) unless otherwise indicated.

For example, we own the copyright in these Terms of Use and the ‘how to videos’ and third party sponsor pharmaceutical companies own the copyright in the CMIs or PIs made available through the Website.

5. Limited Rights of Use

You may reproduce the material and content of the pages of the Website free of charge only for your personal, non-commercial informational purpose permitted by the Copyright Act. In using these materials for personal and non-commercial purposes, you agree to:

1. reproduce the material accurately, without modification and not in a misleading context;
2. acknowledge the Website as the source of the information;
3. acknowledge that the material is subject to copyright protection;
4. not remove any proprietary notice language in any copies of such materials and content;
5. not copy or post the materials and/or content or any networked computer or broadcast it in any media; and
6. not make any additional representations or warranties relating to such material or content.

In complying with the above, you agree only to use the material and content only in the format in which it is provided. If you wish to use the content or material other than in the format in which it is provided, please contact us to seek our prior written approval.

6. Prohibitions of Use

a) No commercial enterprise or commercial gain

Except as expressly provided in these Terms of Use any part of the Website, including material and content, may NOT be copied, adapted, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, stored, printed, displayed or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise or commercial gain or for non-personal use, without our express prior written consent. If you wish to use the content or material of the Website for any of these purposes, please contact us to seek our prior written approval.

b) No deep linking, use of robots…

Any “deep-linking”, “page-scraping”, “robot”, “spidering” or use of other automatic devices, programs, algorithms or methodologies, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any material or content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any material or content, to obtain or attempt to obtain any content, materials, documents or information through any means not purposely made available through the Website is strictly prohibited. We reserve the right to bar any such activity without notice to you.

c) No unauthorised access

You may not attempt to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.

7. Access to the Website

Access to the Website may sometimes be interrupted by server outage and other technological problems. While we make all reasonable efforts to ensure continuous availability, we do not make any representations or warranties that the information we provide will be uninterrupted, timely or secure.

We reserve the right to update the content of the Website, to discontinue any page or feature and to restrict access to part or all of the Website at any time and without notice to you. In the event that we make changes to any part of the Website, we discontinue any page or feature and/or apply restricted access conditions to parts or all of the Website, we do not take responsibility for any loss, damage or injury arising from your inability to access any parts or all of the Website.

8. Linking

a) Links to other Websites

Links or references from the Website to third party apps or websites are provided for convenience only and do not constitute an endorsement by us of any material found at those third party apps or websites. You accept that we:

• have no control over, and are not responsible for, any material contained on any third party app or website; and
• are not responsible for the operations of the app, link or for the content, accuracy, legality of material or privacy practices associated with any linked third party app or website.

We reserve the right to withdraw a third party link from the Website or to refuse to link to any website without notice or explanation.

b) Links to the Website

In certain circumstances and provided that you have obtained our prior written approval (which may be revoked at any time and without reason), we will allow you, at our sole discretion, to hypertext link to our Website. Any such approval will be subject to your continued acceptance of the following conditions:

1. acknowledgement, acceptance and agreement to these Terms of Use;
2. you warrant that your content is not fraudulent, defamatory and does not infringe the intellectual property rights, confidentiality rights, or privacy rights of any person;
3. you must not change the information linked to the Website in any way without seeking prior additional written approval from us;
4. information linked from the Website must not be displayed in such a way as to appear to be an endorsement or advertisement or appear alongside advertising of any product or service; and
5. that no attempt is made to pass off the content of the Website as the property of the linking website.

When creating links to the Website, please be aware that our URLs are subject to change without notice. In the event that we make changes to the URLs, we discontinue any URLs, or if we restrict access to part or all of these URLs, we do not take responsibility for any loss, damage or injury arising from your inability to access any parts or all of these URLs.

9. Limitation of liability

Nothing in these Terms of Use excludes, restricts or modifies any condition, warranty, right or liability implied in these Terms of Use or protected by law to the extent that such exclusion, restriction or modification would render these Terms of Use or any provision of these Terms of Use void, illegal or unenforceable.

To the extent permitted by law:

In the event that such liability cannot be excluded, and pursuant to section 64A of the Australian Consumer Law (under Schedule 2 of the Competition and Consumer Act 2010 (Cth)), we limit our liability to, at our option:

1. in the case of goods:
   • the replacement of the goods or the supply of equivalent goods;
   • the repair of the goods; or
   • the payment of the cost of replacing the goods or acquiring equivalent goods; or
   • the payment of the cost of having the goods repaired;
2. in the case of any services:
   • the supplying the services again; or
   • the payment of the cost of having the services supplied again.

To the extent permitted by law, we are not responsible for any service or good provided by a third party supplier.

Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.

10. Changes to these Terms of Use

1. We reserve the right to change these Terms of Use at any time at our discretion and without notice. Changes to these Terms of Use may be required to, for example:
   • reflect any changes in our business;
   • for security or technical infrastructure reasons; or
   • if required by law.
2. Updated Terms of Use will be posted on our Website and a notice advising that an updated version of these Terms of Use are available will be posted on our home page.
3. The date of posting the amended Terms of Use on the Website will be the date that the new Terms of Use come into effect and apply to you.
4. Your continued use of the Website, and purchase of goods and/or services from us after posting of the amended Terms of Use indicates your acceptance of the amended terms.
5. It is your responsibility to be aware of any changes to these Terms of Use.

11. Privacy

1. We are committed to protecting your privacy. We undertake to comply with the terms of our Privacy Policy.

12. General

1. If any part of these Terms of Use is held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will continue in full force and effect.
2. These Terms of Use are governed by the laws of Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia and any courts of appeal from them.
3. These Terms of Use constitute the entire agreement between us and you in relation to the Website and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website.
4. Access to the Website may be terminated at any time by us without notice. The provisions of these Terms of Use which by their nature survive termination will survive any such termination.
5. No waiver, delay or failure by us to take any action will constitute or be construed as a waiver of that or any other term, condition, option, privilege or right we may have.
6. The word “including” when used in these Terms of Use is not a term of limitation.