Terms of Use

Date of Last Revision: 9 September 2020

Welcome to www.hps.com.au (the Site). The Site is owned and operated by HPS Services Pty Ltd ACN 160 438 559 of Level 7, 737 Bourke Street, Docklands, Victoria, 3008 Australia (collectively, ‘us’, ‘we’ or ‘HPS’). The term ‘you’ refers to the person accessing or using the Site or our services, or the company or organisation on whose behalf that person accesses the Site or our Services.

The use of this Site (including access to and use of any Site Content (defined below) and services provided through or in connection with this Site are subject to the following terms and conditions and any additional terms and conditions, policies (including our privacy policy) and notices made available by us on the Site from time to time (together, Terms of Use).

Please read the following Terms of Use carefully before using the Site.

Acceptance of Terms

By browsing, accessing or using the Site or by using any facilities or services made available through it or by transacting through or on it, you acknowledge and warrant that you have read, understand and agree to be bound by these Terms of Use and acknowledge and agree that HPS provides you with access to the Site in consideration for, and in reliance upon, your agreement to be bound by the these Terms of Use. If you do not agree to these Terms of Use, you must immediately exit and not access or use this Site or the services.

Changes to Terms of Use

We may from time to time (with or without notice to you) update or amend these Terms of Use at our sole discretion by posting the changes on the Site. The then current version of the Terms of Use will apply each time you use the Site. Your continued use of this Site after any such change constitutes an acceptance of any new Terms of Use. You are responsible for keeping up to date with the current Terms of Use.

Use of the Site

The Site is for your personal, non-commercial use only. Subject to these Terms of Use, you may access or use this Site via the internet without registering or disclosing any personally identifying information to HPS. To have access to certain information, and make full use of the functionality of this Site, you will be required to register your personal details in certain sections of the Site (Registered User). The Site’s functionality depends on your type of use.

If you are an Australian health professional (Health Professional) (and you confirm this by clicking the relevant link on the Site), you will be able to:

access the Knowledge Centre, which contains clinical articles and content authored by a HPS Approved Pharmacy, pharmacist or other professional, including the publications DrugAlert and Drugline (Publications); and
download the Publications.

If you are a Health Professional and a Registered User, you will be able to receive Knowledge Centre updates [##including HPS’ e-bulletins]. As a Registered User, you agree to provide true, accurate, current and complete information about yourself and to keep this information up-to-date at all times.

Prohibited Activities

While using this Site, you must not:

infringe any intellectual property right of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence;
breach any provision of the Terms of Use;
fail to comply with all applicable laws, rules and regulations, including without limitation, laws related to copyright;
attempt in any way to access the HPS system made available on the Site unless you are a Registered User;
reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site or any Site Content (as defined below) including the Publications without our express written permission, which we may grant or withhold at our absolute discretion;
seek reimbursement from any other party for access to this Site;
deceive or be likely to deceive any person, impersonate any other person while using this Site, conduct yourself in an offensive manner while using this Site, or use this Site for any illegal, immoral or harmful purpose;
submit, post, distribute, upload, publish, disseminate any illegal, discriminatory, threatening, defamatory or offensive content;
post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
upload anything that contains software viruses or any other malicious code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly to this Site;
use the Site in any manner which might damage, disable, overburden or impair the Site or interference with any user’s use and enjoyment of the Site, such as a denial of service attack;
interfere with this Site or the servers or networks underlying or connected to this Site or violate any of the procedures, policies or regulations of this Site or any networks connected to this Site;
harvest or otherwise collect information about other users, including email addresses, without their consent;
solicit other users’ login information or attempt to access an account belonging to someone else;
defame, bully, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of our employees, partners, HPS Approved Pharmacies or other users; or
facilitate or encourage any violations of these Terms of Use.

Proprietary Rights

HPS owns or otherwise has the rights to use the entire contents and design subsisting in, relating to or arising out this Site and available through or in connection with this Site and all intellectual property rights incorporated in the Site including, but not limited to copyright, logos, trade marks, designs, text, graphics, images, information (including the Publications), applications and all software relating to this Site and their selection and arrangement (the Site Content). Nothing in these Terms of Use transfers any intellectual property rights incorporated in the Site or the Site Content to you. Except as expressly set out in these Terms of Use, we do not grant you a licence to use any intellectual property rights in the Site or the Site Content. You must not do anything, or omit to do anything, which may infringe our intellectual property rights or the rights of a third party.

Provided that you comply with the Terms of Use, you are granted a non-exclusive, non-transferable, non-sublicensable, limited licence to access and use the Site and the Site Content and to download or print a copy of a portion of the Site Content to which you have properly gained access, solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. No other licence to intellectual property rights is conferred. This licence is revocable at any time without notice and with or without cause and automatically terminates if you breach these Terms of Use.

No Site Content may be modified, adapted, copied, distributed, communicated, framed, reproduced, republished, downloaded, displayed, posted, transmitted, sold, assigned, duplicated or licensed in any form or by any means, in whole or in part, without our prior written consent, except as expressly set out in these Terms of Use. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

Third party Links

This Site may contain links to other web sites that are external to HPS. Links to third-party websites are provided for convenience only. The provision of links to external websites does not constitute and should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, any individuals, views, business information, graphics, materials on those sites or any products or services offered by, from, or through those sites or any association with its operators, unless and only to the extent expressed to the contrary.

We have no control over, and are not responsible for, the content or privacy practices of the linked web sites, including without limitation, any link contained in a linked site or any changes or updates to a linked site. We recommend you independently verify the currency, accuracy and completeness of information contained in any linked sites. Your rights to use any linked sites will be determined by the licence terms and conditions of the operator of the linked site. You should review their terms and conditions of use and privacy policy.

Information procured from a third party may be the subject of copyright owned by that third party. We hereby expressly disclaim any representations regarding the content or accuracy of materials of any third parties.

Disclaimer

The Site Content is general in nature and has not been prepared having regard to any person’s specific objectives, health situation or needs. Information and statements are not intended to diagnose, treat, cure or prevent any disease. Professional advice is required for each particular illness, disease, infection, injury or other medical condition. Information contained on the Site is not intended to be, and must not be relied on by you or any other person as a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your doctor, pharmacist, HPS Approved Pharmacy or other medical practitioner.

HPS does not warrant the accuracy, adequacy, reliability, suitability, appropriateness or completeness of the information and material contained on this Site (including the Publications). To the extent permitted by law, HPS accepts no liability for any loss or damage any person may suffer in connection with any reliance on information and materials contained in this Site (including the Publications) and we recommend that you independently verify the currency, accuracy and completeness of information and materials contained in the Site (including the Publications). We do not endorse any advice given by, or the opinions or judgments of, any third party, unless expressed otherwise.

Any questions or queries arising from or in connection with the Publications must be directed to the author of the Publication or the relevant HPS Approved Pharmacy.

Limitation of Liability

Nothing in these Terms of Use is intended to exclude, restrict or modify any condition, guarantee, warranty, right or remedy that you may have under the Competition and Consumer Act 2010 (Cth) or any other similar legislation which may not be excluded, restricted or modified by agreement.

To the fullest extent permitted by any applicable law, HPS excludes all implied representations, warranties, terms and conditions and guarantees of any kind whatsoever (whether implied by common law, statute or otherwise) that any goods or services offered on this Site and/or supplied under these Terms of Use are of satisfactory quality or fit for their particular use.

Where HPS’ liability with respect to any statutory rights which may not be excluded but may be restricted or modified by agreement, then, without prejudice to any non-excludable statutory rights, our liability is limited, as we may elect in our sole discretion, to: (i) in the case of goods supplied by us, to do one of the following (at our election): replace the goods or supply equivalent goods, repair the goods, pay the cost of replacing the goods or of acquiring equivalent goods, or pay the cost of having the goods repaired; or (ii) in the case of a services supplied or offered by us, to either (at our election), supply the services again or pay the cost of having the services supplied again.

To the fullest extent permitted by law, we, our related bodies corporate, our partners, the HPS Approved Pharmacies, our employees, agents and other representatives are not liable to you or anyone else (whether under these Terms of Use or otherwise including for negligence, breach of contract or tort) for any loss or damage, including any indirect, consequential or special loss or damage (including loss of profit, data loss, damage to reputation or effects of insolvency) however caused and which is suffered directly or indirectly in connection with use of this Site, the Site Content or any services provided to you. This includes, but is not limited to, loss or damage you might suffer as a result of:

your reliance on the completeness, accuracy or currency of this Site or the Site Content (including third party material on this Site). This Site is designed for general interest only. It is not advice and you should not rely on it;
failure of performance, error, omission, defect, delay in operation or transmission, computer virus, loss of data, communication line failure or unlawful third party conduct;
accessing any sites or servers maintained by other organisations through links on this Site. Links are provided for the convenience of our Site users only and without responsibility for the content or operation of those sites; or
defamatory, threatening, offensive or unlawful conduct of third parties.

You agree that in the event you incur any damages, losses or injuries that arise from or are connected with our acts or omissions, damages are an adequate remedy and you irrevocably waive any right to seek interim, interlocutory or final injunctive relief or specific performance of these Terms of Use and you will have no right to restrain the development, distribution, advertising, exhibition or exploitation of any website, property, product, service or other content owned or controlled by us, including the Site.

Interruptions

HPS makes no, and expressly disclaims any, representation or warranty about the Site’s functionality or that the Site will be available or secure for use by you at all times or any particular time or will meet any particular performance criteria. We will not responsible and will not be liable to you or any other person if the Site (or any part of it), the Site Content or the services are unavailable at any time.

Indemnity

You agree to indemnify, defend and hold us harmless from and against all losses, expenses, damages and costs (including reasonable solicitor’s fees) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with, or in respect of, your use of the Site (including, without limitation, any content you post, submit or transmit through the Site), a breach by you of these Terms of Use or your violation of the rights of another.

Benefits held on trust

HPS holds the benefit of each indemnity, disclaimer and limitation of liability expressed to be for the benefit of HPS on trust for its related bodies corporate and its and its related bodies corporates’ officers, directors, employees, agents, partners, advertisers, information providers, licensors and suppliers and the HPS Approved Pharmacies. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Risk

Except as expressly set out in these Term of Use, you use and access the Site at your own risk. You are responsible for ensuring that your activities on the Site are lawful (including by ensuring you have obtained all necessary consents, permits and authorisations).

You must take your own precautions to ensure that the process which you employ for accessing this Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Site or any linked web site.

Termination of Access

You agree to use our Site for lawful purposes only and in accordance with the Terms of Use. Without limiting our other remedies, we reserve the right to monitor, suspend, restrict, terminate or withdraw your registration and/or access to this Site (or any part of it) at any time for any reason without notice to you, at our discretion. Without limiting the foregoing, if you breach any of these Terms of Use, then your permission to use the Site automatically terminates. You agree that we will not be liable to you or any third party for any termination of your access to the Site.

All licences granted by you, our Privacy Policy and all disclaimers and limitations of liability will survive termination, however, you will no longer be authorised to access the Site.

Privacy

When you access or use the Site, you may be required to provide us with various pieces of personal information. We will collect, store, use and disclose your personal information in accordance with our Privacy Policy, which can be found at https://hps.com.au/privacy-policy/ and our collection statement.

A physical copy of the privacy policy and collection statement (or both) may be requested by emailing [email protected].

You warrant to HPS that any personal information you provide to HPS about a natural person has been collected with that person’s consent and you have the necessary rights for it to be provided to us to be used in a manner contemplated by these Terms of Use including our Privacy Policy.

General

Entire Agreement: These Terms of Use, together with any additional terms and conditions set out on this Site from time to time, constitutes the whole agreement relating to its subject matter and supersedes and extinguishes any prior drafts, versions, agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter.

Rights cumulative: The rights, powers, privileges and remedies provided under any provision of these Terms of Use are cumulative and are not exclusive of any rights, powers, privileges
or remedies provided under any other provision of these Terms of Use or by applicable law
or otherwise.
Waiver: No failure to exercise nor any delay in exercising by us of any right, power, privilege or remedy under these Terms of Use shall impair or operate as a waiver thereof in whole or in part. No single or partial exercise of any right, power privilege or remedy under these Terms of Use shall prevent any further or other exercise thereof or the exercise of any other right, powers, privilege or remedy.
Assignment: You may not assign or transfer any of your rights or obligations under these Terms of Use without our prior written consent. Our relationship with you under these
Terms of Use is one of independent contractors and not of partnership, joint venture or
principal and agent.
Indemnity: Each indemnity in these Terms of Use is a continuing obligation, separate and independent from the other obligations of the parties and survives termination of these Terms of Use.
Notice: Any legal notices or communications regarding your service account will be sent to your nominated email address.
Invalidity: If any clause or provision of these Terms of Use is determined to be illegal, invalid or unenforceable for any reason, then such clause or provision will be construed, to the extent feasible, to render the clause or provision enforceable. If no feasible interpretation would save such clause or provision, it will be severed from the remainder of these Terms of Use without affecting the enforceability of all remaining clauses and provisions.
Interpretation: In these Terms of Use, unless the context requires otherwise: (i) any reference to a “person” includes any individual, company, corporation, firm partnership, joint venture, association, organisation or trust (in each case, whether or not having separate legal personality) and references to any of the same shall include a reference to the others; (ii) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; (iii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa; and (iv) the headings and
sub-headings are inserted for convenience only and shall not affect the meaning of these
Terms of Use.
Governing Law: These Terms of Use are governed by the laws of the state of Victoria, Australia. You are deemed to submit to the non-exclusive jurisdiction of the courts of Victoria.

Questions
If you have any questions about our Terms of Use or any concerns about the accuracy of this Site or the Site Content, please contact us.