Terms & Conditions
TERMS AND CONDITIONS OF USE
Last updated 14th June 2023
AGREEMENT TO PROCURE TERMS AND CONDITIONS
We are a team of researchers at Sydney Children’s Hospital, the Children’s Cancer Institute and the University of New South Wales (‘we‘, ‘us‘, or ‘our‘).
These Terms and Conditions govern your use of access to ProCure, which we developed. We operate ProCure, which is the website http://www.procure.org.au (the ‘Site‘), as well as any other related products and services that refer or link to these Terms and Conditions (collectively, the ‘Services‘).
The information and data in ProCure is intended solely for Australian Health Care Practitioners.
ProCure was created using a grant provided by the Cancer Institute NSW 2020 Translational Program Grant scheme.
You can contact us by email at SCHN-PRISM-DrugAccessNavigator@health.nsw.gov.au
Acceptance of Terms
In registering to access ProCure and by creating a user profile through which to access ProCure, all users are required to have read and agreed to accept the [ProCure Privacy Policy] and these Terms and Conditions. These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (‘you‘), concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all these Terms and Conditions.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the ‘Last updated’ date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Services after the date such revised Terms and Conditions are posted.
We recommend that you print a copy of these Terms and Conditions for your records.
Privacy
We care about data privacy and security. Please review our Privacy Policy: http://www.procure.org.au/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Services are hosted in Australia. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Australia, then through your continued use of the Services, you are transferring your data to Australia, and you expressly consent to have your data transferred to and processed in Australia.
Our Services
We will manage the Site and review the content regularly to ensure it is as up to date as possible. We will ensure the pharmaceutical company information provided on the Site is not in breach of Section 22 of the Therapeutic Goods Act, the Medicines Australia ‘Code of Conduct’, and any other relevant regulations.
The use of the information contained the Site is at the sole risk and based on the clinical discretion of users. Practitioners using the information and data are responsible for ensuring by independent verification, its accuracy, currency or completeness. The information provided should not be regarded as a substitute for detailed expert advice on individual patients or clinical cases. We will accept no responsibility for any loss, claim or damage suffered or caused by any person acting or refraining from action as a result of any material on the Site.
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Intellectual Property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the ‘Content’), as well as the trademarks, service marks, and logos contained therein (the ‘Marks’). Except as permitted by non-excludable applicable law, no part of the Content or Marks may be reproduced, copied, published, distributed, displayed, modified, derived from in the creation of works, or exploited in any way, in whole or part, and in any form or by any means, without our prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Terms and Conditions, please address your request to: SCHN-PRISM-DrugAccessNavigator@health.nsw.gov.au. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users are those of the respective authors or contributors and not of us. If you provide any comments or feedback to use regarding the Site that we then adopt, these are deemed to automatically become our sole and exclusive property free from any obligation of confidentiality to you.
Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us into disrepute.
Any breach of these Intellectual Property Rights will constitute a material breach of our Terms and Conditions and your right to use our Services will terminate immediately.
User Registration
When you create a User Profile on the Site, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms and Conditions, which may result in immediate termination of your profile on the Site.
You are responsible for safeguarding the password that you use to access the Site and for any activities or actions under your password, whether your password is with the Site or a third-party service.
You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your profile or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your User Profile.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.
You agree not to disclose the information contained within, or posted on, the Site except for the express purpose of contacting a pharmaceutical company to apply for access to a medicine. You will not use it for commercial gain or corporate espionage.
You agree that you will not attempt to elude any security systems in place on the Site, or use the Site in any manner that may adversely affect the functionality of the Site, the Site’s availability to other users, or the rights of other users of the Site.
Please contact us as soon as practicably possible when your information changes.
User submissions and contributions
Please review this section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (‘Submissions’), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (‘Contributions’). Any Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.
You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:
- confirm that you will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
- warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licences to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
- warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Terms and Conditions. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
Termination
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
We may terminate or suspend your User Profile immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms of Conditions. Upon termination, your right to use the Site will immediately cease. If you wish to terminate your User Profile, you may simply discontinue using the Site or by contact us directly.
Indemnification
As a condition of your access to and use of the Site, you agree to indemnify us (including our directors, officers, volunteers, agents, employees, licensors and partners) and our successors and assigns against all claims actions, proceedings, losses, damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to or in connection with any claim arising out of or related to your access to and use of the Site or your breach of these Terms and Conditions and any applicable law or the rights (including any intellectual property rights) of another person or party.
This indemnification section survives the expiration of your registration and applies to claims arising both before and after the User Profile was established and terminated.
Third Party Website and Content
The Services may contain (or you may be sent via the Site) links to other websites (‘Third-Party Websites’) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (‘Third-Party Content’). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
Governing Law
These Terms and Conditions shall be governed by and defined following the laws of New South Wales, Australia
Disclaimer
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Contact Us
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: SCHN-PRISM-DrugAccessNavigator@health.nsw.gov.au