Terms and Conditions
By downloading, accessing or using MedAdvisor, you agree with MedAdvisor to be bound by this Agreement.
Please read the following MedAdvisor End User License Agreement carefully before continuing. This is a legal contract between MedAdvisor International Pty Ltd ('MedAdvisor') and you ('you' or 'User' or ‘End User’). MedAdvisor is willing to license the software provided to you, whether by download, via the Internet, as part of a device or piece of equipment, or on software media, including all databases, data, and documentation contained therein or provided therewith, including any subsequent updates (the 'Software') to you only upon the condition that you accept all of the terms and conditions contained in this Agreement.
MedAdvisor reserves the right to offer you optional additional services via the MedAdvisor Service relevant to the MedAdvisor Service and other health services, including:
* additional information and training about your medication and health condition;
* services offered by your chosen pharmacy or doctor or other health care provider; and
* information regarding joining a clinical research program.
MedAdvisor grants, and the User hereby accepts, a non-exclusive, non-transferable, revocable license to use the Software on the terms and conditions set forth in this Agreement. The terms of this Agreement apply to this or any subsequent version of the Software. If the Software is provided by remote download or any other means, the User may make one copy of the Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. If the Software is provided via the Internet, then the license herein includes a license to access servers controlled by MedAdvisor ('Servers') only for the purpose of accessing the Software.
You may not do any of the following yourself, or through any third party, and you may not permit any third party with whom you have a business or personal relationship to do any of the following: (A) copy the Software, except as expressly set forth above; (B) modify or create derivative works based upon the Software; (C) decompile, disassemble, or reverse engineer the Software in whole or in part; (D) defeat, disable, or circumvent any protection mechanism related to the Software; (E) sell, license, sublicense, lease, rent, distribute, disclose, permit access to, or transfer to any third party, whether for profit or without charge, any portion of the Software, or, in particular, without limiting the generality of the foregoing, distribute the Software on any media; make the Software accessible to the public or third parties, whether over networks, electronic bulletin boards, websites, or otherwise; or allow any third party to use the Software; (F) publish or otherwise communicate any review of, or information about, the performance of the Software to any third party without the prior written consent of MedAdvisor; (G) export, re-export, download, or otherwise use the Software in violation of any laws or regulations; or (H) use the Software in connection with any critical application, which includes any medical application, or any application where failure or malfunction could lead to injury to persons or loss of life or catastrophic property damage. ACCORDINGLY, SHOULD YOU DECIDE TO USE THIS SOFTWARE FOR ANY CRITICAL APPLICATION, MEDADVISOR DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF THE USE OF THE SOFTWARE IN ANY CRITICAL APPLICATION. IF YOU USE THE SOFTWARE IN A CRITICAL APPLICATION, YOU, AND NOT MEDADVISOR, ASSUME FULL RESPONSIBILITY FOR SUCH USE.
2. GP Link
In this clause, capitalised terms have the following meanings:
'Accepted Script Request' means a Script Request to which your Nominated Practitioner confirms they will make a Script available to you.
'Collection Address' means the address nominated by you in a Script Request for collection of the requested Script being either the residential address nominated by you in the MedAdvisor platform, the Nominated Address of your Nominated Practitioner or the Nominated Address of your Nominated Pharmacy.
'GP Link Service's means the use of and access to the GP Link System, the Script Delivery Service, and such other services as are subsequently specified by MedAdvisor in writing to be 'GP Link Services'.
'GP Link System' means the Software enabling interaction between you and your Nominated Practitioner and the delivery of the GP Link Services.
'Nominated Address' means the business address specified by a Nominated Pharmacy or a Nominated Practitioner (as applicable).
'Nominated Pharmacy' means the pharmacy nominated by you in the MedAdvisor platform.
'Nominated Practitioner' means the general medical practitioner nominated by you as having an existing doctor-patient relationship with you, or a medical practitioner that you nominate to provide the Script Delivery Service.
'Script' means a script provided by your Nominated Practitioner (which references the Nominated Practitioner's Medicare provider number), authorising you to purchase specified quantities of specified pharmaceutical products from a pharmacy.
'Script Delivery Service' means the service by which your Nominated Practitioner provides you with a Script in return for the Script Fee.
'Script Fee' means the fee payable by you in consideration for the provision of a Script in accordance with a Script Delivery Request.
'Script Request' means a request submitted via the GP Link System by you to your Nominated Practitioner to make a Script available.
'Service Fee' means the fee to be retained by MedAdvisor in respect of any Accepted Script Request.
GP Link Services
The terms and conditions in this clause apply to the Script Delivery Service.
Before you finalise your Script Request, MedAdvisor will notify you of the amount of the Script Fee.
If you submit a Script Request, MedAdvisor will transmit that Script Request to your Nominated Practitioner via the GP Link System. Upon receipt of a Script Request, your Nominated Practitioner may elect to either decline or agree to fulfil the Script Request.
If your Nominated Practitioner agrees to fulfil a Script Request: (i) you have a direct contractual relationship with your Nominated Practitioner to pay the Script Fee in consideration for the Nominated Practitioner making the requested Script available for collection by you at the Collection Address within 7 days; and (ii) you acknowledge that: (A)
MedAdvisor will collect the Script Fee from you on behalf of your Nominated Practitioner using the details provided by you in the payment authorisation completed at the time you elected to first utilise the Script Delivery Service, or such other direct debit or credit card authorisation provided by you at the time of submitting the Script Request; (B)
MedAdvisor will electronically deliver to you a receipt for payment of the Script Fee; (C)
MedAdvisor will retain a Service Fee from such Script Fee; and (D) if for any reason MedAdvisor is unable to collect the Script Fee from you, your Nominated Practitioner (and/or the medical practice within which they conduct their business) has a legal right to recover such amount directly from you, and you may not take any action against MedAdvisor, its agents, employees or contractors.
If your Nominated Practitioner elects to decline a Script Request, or if your Nominated Practitioner neither declines or agrees to fulfil the Script Request within 4 days of submission of the Script Request, MedAdvisor will notify you via the GP Link System that the Script Request has been declined.
You acknowledge and agree that the Script Delivery Service is only available, and you may only submit a Script Request if you have: (i) completed and submitted to MedAdvisor valid payment authorisation details, and have not revoked such payment authorisation details; and (ii) consented to the provision of your medical adherence history as recorded in MedAdvisor to your Nominated Practitioner, and have not revoked such consent.
The End User may terminate this Agreement at any time by notifying MedAdvisor in writing. MedAdvisor may at its sole discretion terminate this Agreement at any time, with or without prior notification, in the event the User fails to comply with the terms and conditions of this agreement, by deactivating the software or suspending operation of the program. MedAdvisor reserves the right to terminate this Agreement, or to modify or terminate services and/or product offerings in connection with the Software, at any time without notice to the User.
4. Copyright and Restrictions
The Software, including all text and other content therein ('Content') is the property of MedAdvisor or its licensors, and is protected by copyright and other intellectual property laws. Except for the rights expressly granted above, this Agreement transfers to User no right, title, or interest in the Software, or the Content or any copyright, patent, trademark, trade secret, or other intellectual property or proprietary right therein. MedAdvisor retains sole and exclusive title to all portions of the Software, Content and Animation, and any copies thereof, and User hereby assigns to MedAdvisor all right, title, and interest in and to any modifications User makes to the Software, whether or not such modifications are permitted. None of the Content or Animation may be reproduced, transcribed, stored in a retrieval system, translated into any spoken language or computer language, retransmitted in any form or by any means (electronic, mechanical, photocopied, recorded, or otherwise), resold, or redistributed without the prior written consent of MedAdvisor, except that the User may reproduce limited excerpts of Content or Animation obtained from MedAdvisor sources or databases for personal use only, provided that each such copy contains a copyright notice as follows:
'© 2014 MedAdvisor International Pty Ltd. All rights reserved.'
For Content obtained from third-party licensors, the User is solely responsible for compliance with any copyright restrictions and is referred to the publication data appearing in bibliographic citations, as well as to the copyright notices appearing in the original publications.
5. Content Provided by MedAdvisor
While great care has been taken in organizing and presenting the Content, MedAdvisor does not warrant or guarantee its correctness, accuracy, or timeliness, including with respect to any recommended applications. MedAdvisor does not perform any independent analysis or investigation of any of the Content. MedAdvisor does not assume, and expressly disclaims, any obligation to obtain and include any information other than that provided in the Content. It should be understood that by making this material available, MedAdvisor is not endorsing or advocating the use of any product or procedure described in the Content, nor is MedAdvisor responsible for misuse of a product or procedure due to, or other consequence of, any typographical error or other inaccuracy.
Use of Professional Judgment
The editors and authors have conscientiously and carefully tried to present the Content in conformance with the standards of professional practice that prevailed at the time of Content publication. However, such standards and practices may change as new data becomes available, and the User should consult a variety of sources. MedAdvisor’s Content is provided for information purposes only. The Content is no substitute for the advice of a qualified health care provider. Always seek and never disregard the advice of your physician or other qualified healthcare providers regarding a medical condition.
MedAdvisor is not a medical organization and cannot give You or End User’s medical advice or diagnose conditions. If an End User experiences any pain or exacerbation or has a change in medical condition, they should immediately seek appropriate medical attention. If you have a pre-existing medical condition, please consult with your doctor prior to using MedAdvisor.
You should never disregard medical advice or delay in seeking it because of information you have received from MedAdvisor.
All characters or names represented throughout the MedAdvisor Software are fictitious and do not resemble or depict real persons or characters. Any resemblance to real persons, living or dead, is purely coincidental.
Consumer Medicines Information ('CMI')
CMIs are sourced from pharmaceutical manufacturers. Users acknowledge that MedAdvisor is only a distributor channelling CMIs to the User and cannot guarantee the accuracy of the content in the CMI.
6. Protection and Security
The User shall take all reasonable steps to ensure that no unauthorized person shall have access to the Software or their medical information. The Software and Content are the valuable property of MedAdvisor, the unauthorized use or disclosure of which would irreparably harm MedAdvisor. Upon learning of any unauthorized possession or use of or access to the Software, you will notify MedAdvisor, will promptly furnish details of such occurrence, will assist in preventing any recurrence thereof, and will cooperate fully in any litigation or other proceedings undertaken to protect MedAdvisor's rights.
User expressly acknowledges and agrees that use of the Software and the Content are at User's sole risk. MedAdvisor does not directly or indirectly practice medicine or dispense medical services and assumes no liability for the Content or any results obtained from the use of such information. The information contained in the Software is not intended in any way to be used as medical advice or to replace medical advice offered to You by health care professionals familiar with End User’s condition. We recommend Users consult with a qualified health care provider prior to using MedAdvisor. The User assumes full responsibility for the appropriate use of Content contained in the Software and agrees to hold MedAdvisor, and its third party providers, harmless from any and all claims or actions arising from User's use of the Software or the Content.
MedAdvisor is a technology tool and a communications platform between a pharmacy and a MedAdvisor Software User. MedAdvisor disclaims any responsibility for any third party communications, including communications between a user of the Software/patient and Your Pharmacy, misconfiguration of the MedAdvisor Software by a Pharmacy and CMIs.
MEDADVISOR PTY LTD ASSUMES NO RESPONSIBILITY FOR PERSONAL INJURY AND/OR DAMAGES WHICH MAY BE INCURRED DURING OR AFTER USING THE MEDADVISOR SOFTWARE.
The MedAdvisor Software and the Content are provided 'as is', with all faults and no representations or warranties of any kind, either express or implied.
MedAdvisor does not warrant against interference with your enjoyment of the MedAdvisor Software; that the functions contained in, or services performed or provided by, the MedAdvisor Software will meet your requirements; that the operation of the Software will be uninterrupted or error-free; that any service will continue to be made available; that defects in the Software may prevent Users from receiving reminder prescriptions; that defects in the Software or services will be corrected; or that the Software will be compatible or work with any third party Software, applications or third party services.
MedAdvisor does not warrant that the Software or the Content will meet User's requirements, or that the operation of the Software or the Content will be uninterrupted or error-free, or that defects in the Software or the Content will be corrected. Furthermore, MedAdvisor does not warrant or make any representation regarding the use or the results of the use of the Software (including the related documentation) or the Content in terms of their correctness, accuracy, reliability, or otherwise. Should the Software or the Content prove defective, you (and not MedAdvisor) assume the entire cost of all necessary servicing, repair, or correction. MedAdvisor will not be liable for any direct, indirect, consequential, special, exemplary, or other damages arising therefrom. The methods of treatment may change as new information is available, and the information provided by MedAdvisor does not necessarily represent the most current practices or methods in medication use.
**MEDADVISOR EXPRESSLY DISCLAIMS ANY WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE or THE CONTENT.**
The Software may be provided with third party plug-ins or other third party software, or this Software may be provided as a plug-in for, or otherwise in association with, third party software. Use of any such third party software will be governed by the applicable license agreement, if any, with such third party.
*MEDADVISOR IS NOT RESPONSIBLE FOR ANY THIRD PARTY SOFTWARE AND WILL HAVE NO LIABILITY OF ANY KIND FOR YOUR USE OF SUCH THIRD PARTY SOFTWARE AND MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO SUCH THIRD PARTY SOFTWARE.*
Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions might not apply to User, and User may have other legal rights related to this Agreement that may vary from jurisdiction to jurisdiction.
No salesperson or other representative of any party involved in the distribution of the Software is authorized to make any warranties with respect to the Software or Content beyond those contained in this Agreement. Oral statements do not constitute warranties, shall not be relied upon by the User, and are not a part of this Agreement.
8. Limitation of Liability
**UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL MEDADVISOR, OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, PROMOTION, OR MARKETING OF THE SOFTWARE, OR THE CONTENT, BE LIABLE TO ANY OTHER PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, RELIANCE, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST DATA, BUSINESS INTERRUPTION, LOSS OF USE, LOST REVENUE, OR LOST PROFITS, ARISING OUT OF OR RELATING TO THIS LICENSE OR THE SOFTWARE, THE CONTENT, OR THE SERVERS, EVEN IF MEDADVISOR OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.**
In no event will the total liability of MedAdvisor or such other party for all damages exceed the license fees paid by the User for the Software for the current term of this Agreement. Some jurisdictions do not allow the exclusion or limitation of consequential or indirect damages, so the above limitation may not apply to you.
If for any reason any provision of this Agreement is determined to be invalid or unenforceable under any statute or rule of law by a court of competent jurisdiction, such provision shall be interpreted in order to give effect to such provision to the maximum extent permitted by law, and the remaining provisions shall continue in full force and effect.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written, and all other communications relating to the subject matter hereof. No amendment or modification of any provision of this Agreement will be effective unless set forth in a document that purports to amend this Agreement and both parties accept that hereto. This Agreement is personal to User and User may not assign User's rights or obligations to anyone.
If you have any questions about MedAdvisor's Policies, please contact us via our website: www.medadvisor.com.au.
We reserve the right to change this document from time to time. An up-to-date copy of this document is available at http://www.medadvisor.com.au/About/TermsConditions.
The MedAdvisor End User License Agreement was last updated on 17th November 2016.
Download the MedAdvisor Pharmacy License Agreement:
If your pharmacy activates and utilises the MedAdvisor Analytics Package (MAP) to generate reports and view statistics regarding the use of MedAdvisor for the pharmacy, they will be asked to re-confirm their acceptance of the MedAdvisor Pharmacy License Agreement. No separate or additional legal approval/agreement is required.
If you have queries regarding our License Agreements, please contact us at firstname.lastname@example.org.