By clicking on the 'Accept' button or otherwise downloading, accessing or using the Software or continuing to receive the MedAdvisor Service, including the Direct Chemist Outlet version of the Software, you agree with MedAdvisor to be bound by this Agreement.
Please read the following MedAdvisor End User Licence Agreement carefully before continuing. This is a legal contract between MedAdvisor International Pty Ltd ('MedAdvisor' or 'we') and you.
In this Agreement, 'Patient' means the person receiving the benefit of the Software and/or the MedAdvisor Services and 'you' means all person(s) downloading, accessing, using and/or receiving the benefit of the Software and the MedAdvisor Services, including but not limited to the Patient and persons who use the Software and the MedAdvisor Services for the benefit of the Patient.
If you are using the Software and/or the MedAdvisor Service for the benefit of a Patient, you must ensure that the Patient has expressly authorised such usage and has also agreed to be bound by this Agreement. Conversely, if you are a Patient who has authorised for a user to use the Software and/or the MedAdvisor Service for your benefit, you must ensure that the user has also agreed to be bound by this Agreement.
The terms in this Agreement are subject to, and will not apply to the extent that they limit or exclude any rights and remedies you have under the Australian Consumer Law (as defined in clause 7) which cannot be lawfully excluded, restricted or modified ('Non-Excludable Rights').
MedAdvisor is willing to license the software provided by it 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.
Please click the 'Cancel' button or opt-out (where applicable) and do not download, access or use the Software.
You are also deemed to have accepted the terms of this Agreement if:
MedAdvisor may in the future offer you additional services including:
MedAdvisor grants, and you hereby accept, a non-exclusive, non-transferable, revocable licence 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, you 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 licence herein includes a licence 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) export, re-export, download, or otherwise use the Software in violation of any laws or regulations; or (G) solely rely on 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. MedAdvisor is a technology tool and a communications platform which is offered subject to the disclaimers in this Agreement, accordingly, you should always have contingencies in place rather than rely solely on the Software. Subject always to your Non-Excludable Rights, should you decide to solely rely on the Software for any critical application, MedAdvisor disclaims any and all liability arising out of the use of the Software and you assume full responsibility for such use.
Capitalised terms have the following meanings:
"Bulk Billed" means when the medical practitioner accepts the Medicare benefit as full payment for the Practitioner Service rendered. In that case, you do not have to pay the gap.
"Collection Address" means the address nominated by you in a Request for the provision of Script Delivery Services for collection of the requested Script being either the residential address nominated by you in the Software or the Nominated Address.
"Favourite Pharmacy" means the pharmacy nominated by you in the MedAdvisor platform.
"GP Link Services" means the use of and access to the GP Link System, the Script Delivery Service, the Telehealth 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.
"GP Link Practitioner" means a general medical practitioner available through the GP Link System other than a Nominated Practitioner.
"Nominated Address" means the business address specified by a Favourite Pharmacy or a Nominated Practitioner (as applicable).
"Nominated Practitioner" means your general medical practitioner in MedAdvisor's network nominated by you as having an existing doctor-patient relationship with you.
"Practitioner" means either the GP Link Practitioner or the Nominated Practitioner who provides you with the Practitioner Service, as relevant.
"Practitioner Fee" means the fee payable by you in consideration for the provision of the relevant Practitioner Service by your Practitioner.
"Practitioner Service" means either the Script Delivery Service or Telehealth Service, as applicable.
"Request" means a request submitted via the GP Link System by you to your Nominated Practitioner to provide a Practitioner Service.
"Script" means a script (which references the relevant medical practitioner's Medicare provider number), including an electronic script, authorising you to purchase specified quantities of specified pharmaceutical products from a pharmacy.
"Script Delivery Service" means the service by which your Practitioner provides you with a Script in return for the applicable Practitioner Fee.
"Service Fee" means the fee to be retained by MedAdvisor from the Practitioner Fee.
"Telehealth Service" means the service by which your Practitioner provides you with an electronic telehealth medical consultation in return for the relevant Practitioner Fee.
GP Link Services
The terms and conditions in this clause apply to the GP Link Services.
If your existing general medical practitioner is in the MedAdvisor network, you may nominate him or her as your Nominated Practitioner. Otherwise, you may choose a GP Link Practitioner to be your Practitioner.
Before you finalise your Request, MedAdvisor will notify you of the amount of the Practitioner Fee.
If you submit a Request, MedAdvisor will transmit that Request to your Practitioner via the GP Link System. Upon receipt of a Request, your Practitioner may either agree to or decline the Request.
If your Practitioner agrees to provide Practitioner Services in response to a Request:
If your Practitioner elects to decline a Request, or if your Practitioner neither agrees to or declines a Request within 4 days of submission of the Request, or in the case of the provision of Telehealth Services, the Practitioner fails to provide the Telehealth Services at the agreed time, MedAdvisor will notify you via the GP Link System that the Request has been declined.
You acknowledge and agree that, where a Practitioner Fee is required for a Practitioner Service (that is, when it is not Bulk Billed) the Practitioner Service is only available, and you may only submit a Request if you have:
MedAdvisor reserves the right to modify the MedAdvisor Services and/or product offerings in connection with the Software.
You may terminate this Agreement at any time by notifying MedAdvisor in writing.
MedAdvisor may at its sole discretion terminate this Agreement in the event you fail to comply with the terms and conditions of this Agreement, by deactivating the Software or suspending operation of the MedAdvisor program.
MedAdvisor otherwise reserves the right to terminate this Agreement, any or all of the MedAdvisor Services and/or any product offerings in connection with the Software, at any time by giving reasonable notice to you.
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 you 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 you hereby assign to MedAdvisor all right, title, and interest in and to any modifications you make 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 you 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, you are 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.
While great care has been taken in organizing and presenting the Content, MedAdvisor does not warrant or guarantee the Content's correctness, accuracy, or timeliness.
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 you 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 the Patient medical advice or diagnose conditions. If a Patient experiences any pain or exacerbation or has a change in medical condition, the Patient should immediately seek appropriate medical attention. If the Patient has a pre-existing medical condition, they must consult with their 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.
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.
Consumer Medicines Information ('CMI')
CMIs are sourced from pharmaceutical manufacturers. You acknowledge that MedAdvisor is only a distributor channelling CMIs to you and cannot guarantee the accuracy of the content in the CMI.
You must take all reasonable steps to ensure that no unauthorized person shall have access to the Software or your 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.
In this Agreement, "Australian Consumer Law" means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of state and territory fair trading legislation and the terms "Consumer" and Consumer Guarantees" have the meaning given to them in the Australian Consumer Law.
The Australian Consumer Law provides Consumers with a number of protections including the Consumer Guarantees that cannot be excluded, restricted or modified. Nothing in this Agreement has the effect of excluding, restricting or modifying a Consumer's rights under the Australian Consumer Law or any other statutory rights which cannot be excluded, restricted or modified.
To the full extent permitted by law and except to the extent that the Consumer Guarantees cannot be excluded as set out in the paragraph below or otherwise, MedAdvisor's liability to you in connection with a breach of or failure to comply with a Consumer Guarantee is limited to: (a) in the case of goods, repairing, replacing or supplying equivalent goods, or paying the cost of any of those remedies to you; or (b) in the case of services, supplying the services again or paying the cost of having the services supplied again.
MedAdvisor's liability in respect of a breach of or a failure to comply with an applicable Consumer Guarantee will not be limited in the way set out in the above paragraph if:
The terms in this clause 8 are subject to, and will not apply to the extent that they limit or exclude any rights and remedies you have under the Australian Consumer Law which cannot be lawfully excluded, restricted or modified ('Non-Excludable Rights').
You acknowledge and agree that:
To the extent permitted by law and subject to your Non-Excludable Rights (see clause 7), MedAdvisor will not be liable for any loss or damage incurred by you arising from your use of the Software, MedAdvisor Service or Content.
MedAdvisor is a technology tool and a communications platform between a pharmacy or a Practitioner on the one hand and a MedAdvisor Software user on the other. MedAdvisor disclaims any responsibility for any third party communications, including communications between you and a pharmacy or Practitioner, misconfiguration of the MedAdvisor Software by a pharmacy and CMIs.
You expressly acknowledge and agree that use of the Software and the Content are at your sole risk. MedAdvisor does not directly or indirectly practice medicine or dispense medical services and subject to your Non-Excludable Rights, 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 the Patient's condition. We recommend that you consult with a qualified health care provider prior to using MedAdvisor. You assume 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 your use of the Software or the Content.
TO THE EXTENT PERMITTED BY LAW AND SUBJECT TO YOUR NON-EXCLUDABLE RIGHTS (SEE CLAUSE 7), MEDADVISOR ASSUMES NO RESPONSIBILITY FOR PERSONAL INJURY AND/OR DAMAGE 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:
If you choose to store information using our Software, you must keep a copy of the information elsewhere as external factors outside our control (such as technical glitches) could result in content stored on our Software being lost. It is your responsibility to use the Software on a device that is compatible with the Software. MedAdvisor will not be liable for any loss or damage incurred by you arising from your use of the Software on a device that is not compatible with the Software.
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.
*TO THE EXTENT PERMITTED BY LAW AND SUBJECT TO YOUR NON-EXCLUDABLE RIGHTS (SEE CLAUSE 7), 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 the 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 licence 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.*
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. Unauthorized oral statements do not constitute arranties, shall not be relied upon by you and are not a part of this Agreement.
*TO THE EXTENT PERMITTED BY LAW AND SUBJECT TO YOUR NON-EXCLUDABLE RIGHTS (SEE CLAUSE 7), MEDADVISOR AND ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, PROMOTION, OR MARKETING OF THE SOFTWARE, OR THE CONTENT, IS NOT LIABLE (INCLUDING IN NEGLIGENCE) 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 AGREEMENT OR THE SOFTWARE, THE CONTENT, OR THE SERVERS, EVEN IF MEDADVISOR OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.*
Some features of the Software require that your account on the Software is linked to a dispense account at your Favourite Pharmacy which is a MedAdvisor network pharmacy. To activate these features, you, or your carer, will need to complete the registration process either in person at the pharmacy, in writing or electronically through the Software.
Other features of the Software may require that you provide your contact details to your medical practitioner. For instance, if you request to receive an electronic Script via SMS from your medical practitioner, you will need to provide them with your phone number. This disclosure would be subject to your medical practitioner's privacy obligations.
MedAdvisor is not responsible for linking your account and cannot be liable if your Favourite Pharmacy does not for any reason. In this case, we will delete or permanently de-identify the information you provide for linking your account.
MedAdvisor may collect personal information about you (such as dispense data and details of any electronic Scripts you store through the Software) when you deal with any participating MedAdvisor network pharmacies. You consent to MedAdvisor disclosing such personal information, and the information we collect about you via the MedAdvisor Service, to your Favourite Pharmacy. For example, if you have not initiated certain MedAdvisor functionality, such as 'tap to refill', we may notify your Favourite Pharmacy.
If you elect to change your Favourite Pharmacy in the future, you consent to MedAdvisor disclosing your complete dispense history held by MedAdvisor to that pharmacy.
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.
This Agreement is personal to you and you may not assign your rights or obligations to anyone. If you have any questions about MedAdvisor's Policies, please contact us via our website: www.mymedadvisor.com.
You must comply with any third party terms of agreement applicable to you when using the Software and/or MedAdvisor Services.
If you obtained the Software from the Apple Inc. (Apple) App Store, you and MedAdvisor acknowledge and agree that (to the full extent permitted by applicable law):
You warrant and represent that:
We reserve the right to change this document from time to time. An up-to-date copy of this document is available at https://www.mymedadvisor.com/eula/dco. You will be deemed to accept any changes to this document in the manner contemplated at the introduction of this Agreement.
The MedAdvisor End User Licence Agreement was last updated on 1 September 2020.