“sites” means any part of this web site (including the portal) and any other web site operated by or on behalf of us;
“use” includes any access or use or attempted access or use of any part of the sites and includes (without limitation) access to, use or downloading of content made available on the sites, completion and submission of any online form available at or through the sites, submission of any email to an email address identified at or through the sites, participation in any forum or chat-room or similar facility available at or through the sites, access to and use of content and other facilities on any other web sites via a link provided on the sites;
“we”, “us” and “our” means PharmaPrograms (a division of Sinapse Pty Ltd) and Sinapse Pty Ltd (ABN 40 130 269 868) and its related corporations and their respective officers, employees, agents and contractors including (without limitation) site hosts, operators and developers and contributors of site content; and
“you” and “your” means any person who uses the sites.
Scope of these terms
You must read and agree to these terms before completing any registration process or making any other use of the sites. If you do not agree to these terms, you must not use the sites. By making any further use of the sites, you thereby accept and agree to be bound by these terms.
These terms apply to all use of the sites including your use of sections of the sites (if any) which are subject to additional specific terms. Your use of any section of the sites which is subject to specific terms is subject to your prior acceptance of those specific terms and you agree to be bound by those specific terms with respect to your use of the relevant section(s) of the sites even if you fail to review the specific terms.
Only registered users may access and use sites
You may only access and use the sites if you have completed our registration process and have been granted access rights in accordance with our then applicable policies and procedures.
You must maintain the security and secrecy of your password or other access code(s). In particular, you must not tell anyone or otherwise disclose your password and you must take all necessary precautions to prevent unauthorised access or use. Unless authorised by us in writing, a password must not be shared.
Your rights to access and use the sites are not transferable. You must not resell our services and you must not permit third parties to access or use the sites, except to the extent expressly authorised by us in writing. If in doubt about the extent of your rights, you should seek written clarification from us before the relevant activity.
We will take reasonable measures to prevent unauthorised access and use of the sites but you acknowledge that notwithstanding these measures unauthorised access and use of the sites may occur.
You must comply with laws and regulatory requirements
You must only use the sites within Australia and in States where the prescribing of Sativex® is permitted by law. The prescription and dispensing of Sativex® is subject to compliance with applicable State laws and regulatory requirements and you are solely responsible for ensuring that your use of the sites and any associated activities are not prohibited and comply with your local laws and regulatory requirements.
Purpose of sites – no medical advice provided
The function of the sites is limited to facilitation of the necessary processes for prescribing, ordering and re-ordering Sativex®. The sites include information and resources to assist medical practitioners and dispensing pharmacists. Without limiting any other restrictions on the nature and extent of use of your use of the sites, the sites and content of the sites does not constitute and is not a substitute for (a) medical diagnosis; (b) treatment of a patient; (c) provision of medical advice; or (d) calculating or assessing the appropriate dosages of medication. These are all matters for separate professional evaluation and advice.
No supply of Sativex®
Our sites are intended to facilitate the ordering of Sativex®. We do not supply Sativex® directly and do not prescribe or dispense Sativex®.
Sativex® pricing information
Pricing information relating to Sativex® published on the sites was provided by Emerge health Pty Ltd and is confidential. We are not responsible for the accuracy, completeness or currency of pricing of Sativex® or other price lists published on the sites.
The content of the sites (apart from sections that are publicly accessible without any registration) includes confidential information. You must ensure that all confidential information (such as pricing information) is only used and disclosed as necessary in order to prescribe, order or dispense Sativex®.
We do not attempt to exclude any conditions, warranties, rights or remedies which you may have pursuant to legislation to the extent that those conditions, warranties, rights and remedies can not be excluded by agreement (“non-excludable rights”).
Subject to any non-excludable rights: (a) the sites and their contents are provided on an “as is” basis; and (b) all express or implied conditions or warranties of any kind (including but not limited to any warranties of merchantability, fitness for a particular purpose, freedom from contamination by computer viruses, non-infringement of proprietary rights and the accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any content or other part of the sites) are excluded.
We make no representation and give no warranties as to the completeness, accuracy, adequacy, currency or reliability of any information and shall not be liable for any lack of the foregoing. Descriptions of, or references to, products or publications within the site do not imply endorsement of that product or publication. We are not engaged in rendering medical or other similar advice or professional services. If medical advice or other expert assistance is required, the services of a competent professional should be sought.
If you find any errors or omissions, please report them to us.
Liability arising from use of the sites
Subject to any non-excludable rights: (a) your use of the sites is entirely at your own risk; (b) you hereby release us from any claims you would otherwise have against us now or in future arising directly or indirectly from the sites or your use of the sites; and (c) in no event will we be liable for any damages whatsoever (including, without limitation, direct, indirect, punitive, special, consequential damages, lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the sites, or arising from your purchase or inability to purchase any goods or services offered on the sites whether based on contract, tort, statute, common law, equity or any other legal theory and whether or not advised of the possibility of such damages. Without limitation, this exclusion of liability applies to any loss or damage caused by any deficiency in any site’s performance and any error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of any material associated with the sites or your attempted use of the sites.
If you are entitled to make any claim against us as a result of non-excludable rights or on any other basis notwithstanding the provisions of these terms, our liability to you for the aggregate of such claims (regardless of the basis on which you are entitled to claim from us) is limited to the provision of the information, products or services again or payment of the cost of providing the information, products or services again (at our election).
You must indemnify each of us and keep each of us indemnified against all claims, liabilities, expenses (including legal fees on a solicitor-client basis) or losses that may be made against or sustained by any of us arising from your breach of these terms or otherwise howsoever from or in connection with your use of the sites.
Inappropriate use and content
You must not use our sites in order to send unsolicited email to recipients who have not given you permission to send them email. You must not email, post or submit any defamatory, offensive, illegal or inappropriate material or any material which infringes a third party’s intellectual property rights or which contains a virus, worm, Trojan horse or other code that manifests contaminating or destructive properties. You must not attempt to modify or damage the sites and must not use the sites in connection with any denial of service attack. You must not impersonate any person or entity or enter a fictitious name or purport to be authorised to represent any entity if that entity has not authorised you to do so in connection with your use of the sites. You must not cause or permit any other person to engage in any of these activities (e.g. by providing them with access to your computer or by providing password information to them).
We are not liable for defamatory, offensive, illegal or inappropriate content available at the sites or accessed from the sites and the risk of injury from such content rests entirely with you.
Third party material
The sites may include content or references supplied by users or other third parties (“third party material”). We do not monitor and accept no liability for third party material. Any opinions, advice, statements, services, offers or other information contained in third party material, is the responsibility of the respective author(s), distributor(s) or providers of that third-party material. We make no representation and give no endorsement of the accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any third-party material or the identity, knowledge or qualifications of any provider of third party material. Your access to and reliance on third party material is entirely at your own risk.
References in third-party material to any specific products, process, or service by trade name, trademark, manufacturer, or otherwise, do not constitute or imply their sponsorship, endorsement or recommendation by us, and such references shall not be used for advertising or product endorsement purposes.
Links to third-party web sites
Any links to third-party web sites from the sites are provided solely as a convenience to you. We make no representation as to the intellectual property rights of any material available on the linked third-party web sites or your rights to access, reproduce and use that material. We do not review and monitor any linked third-party web sites and we are not responsible for the content, accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any material on any third-party web site and accept no responsibility for any broken or redirected links. The presence of such links should not be taken to imply any type of association, sponsorship, endorsement, monitoring, approval of, or responsibility for, the linked third-party web site or its content. It is your responsibility to evaluate the content and usefulness of information obtained from other sites. Your access to and reliance on any third-party web site is entirely at your own risk.
You acknowledge and agree that we may receive payments or other benefits in connection with links to third-party sites or the inclusion of third-party material in the sites.
Links from other sites to the sites
Other sites may only link to the sites with our prior written permission. Any site that links to the sites must link to the relevant home page and must not (a) replicate the site’s content; (b) create a browser or border environment around the site’s content; (c) imply any endorsement by us; (d) misrepresent its relationship with us; (e) present false information about our products and services; or (f) use our name or logos without our prior written permission.
We cannot and do not guarantee or warrant that the sites will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for virus detection, accuracy of data input and output and for maintaining an appropriate means for the reconstruction of any lost data.
Copyright, trade marks & limited right to use materials
We or third parties own and retain the copyright, trademarks and other intellectual property rights in the materials found at the sites including without limitation web pages, code, software, files, documents, text, designs, graphics, audio and video. Unless otherwise expressly stipulated by us, you may only use the sites in connection with your provision of medical or dispensing services or for personal use and may only print or make an electronic copy of information available on the sites for that purpose. You must not sell or otherwise commercially exploit any information made available at the sites. You must ensure that all copyright notices are retained in any material copied from the sites. Subject to this limited right to use materials, you must not use, download, upload, copy, print, display, broadcast, perform, reproduce, publish, license, post, transmit or distribute any materials from the sites in whole or in part without our prior written permission. If you breach any of these terms, then (without limiting your other liabilities) your authorisation to use the sites automatically terminates and you must immediately destroy any downloaded or printed materials.
By submitting any material to the sites or to us in connection with your use of the sites, you thereby assign all intellectual property rights in that material to us. You must not submit material to the sites if a third party has any intellectual property rights in that material unless you have obtained the permission of that third party to submit the material. You must indemnify us against all liabilities and losses we sustain if material you submit to the sites infringes any third party intellectual property rights.
We may require certain personal information from you in order for you to access and use our services. If you do not provide the information we require, we will not be able to provide access to and use of those services.
By submitting any information to us, you consent to (a) our sending of commercial electronic messages (including emails and SMS messages) and communicating with you by other available means regarding available products and services using the email address(es), phone numbers and other contact details you disclose to us; and (b) our use of any submitted information to tailor our messages to suit your particular circumstances. You warrant that this consent is given with respect to any email address, mobile phone number or other contact details you disclose to us (including by simply sending us an email). You and any other disclosed addressee may “opt-out” of the receipt of these kinds of messages at any time by notifying us that your consent is withdrawn. The withdrawal of consent will take effect five business days after we receive your notification.
The sites are administered by us from offices in Melbourne, Victoria. These terms and your use of the sites and any disputes between you and us shall be governed by and construed in accordance with the laws of Victoria, without giving effect to any principles of conflicts of law. Any legal proceedings arising out of or in connection with the use of the sites must be commenced in the appropriate court in Victoria.
If any provision of these terms is unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these terms and shall not affect the validity and enforceability of any remaining provisions.
Changes to sites content and access rights
We may modify the content, nature or accessibility of the sites as and when we see fit. These terms will continue to apply even if you cease to be permitted or able to use all or some part(s) of the sites.
Revision of these terms
We may revise these terms at any time by updating this web page. You hereby agree to be bound by such revisions and should therefore regularly revisit this page to review the then current terms by which you are bound. Your continued use of the sites after a revision of these terms evidences your acceptance of that revision.