Thank you for visiting our Terms of Use (Agreement), we are EASY AS HEALTH PTY LTD ACN 673 356 977 (EASY AS HEALTH, we, our, us and other similar terms). We provide software applications that function as an electronic prescription manager, integrated with pharmacies and doctors, through which users can manage their prescriptions and medications known as OpenPharmacy (OpenPharmacy).
This Agreement outlines the terms and conditions associated with your use of OpenPharmacy. It is your obligation to ensure that you have read, understood and agree to the most recent terms available on our Website.
2.1 Accepting this Agreement
By creating an OpenPharmacy Account or downloading the mobile application version of OpenPharmacy, you agree to comply with and be legally bound by the terms and conditions of this Agreement. If you do not agree to these terms, you have no right to continue using OpenPharmacy.
You must not use OpenPharmacy if you are not able to form legally binding contracts or are under the age of 13.
2.2 About this Agreement
Throughout the Agreement we use some capitalised words and phrases, like the word Agreement. These capitalised words and phrases are defined throughout this Agreement and in clause 19. They aid to clarify the terms and conditions.
Please feel free to email us at hello@openpharmacy.com if you have any questions.
OpenPharmacy is a technology platform that facilitates access to eScripts and provides related services. We are not a healthcare provider and we do not prescribe medication, dispense pharmaceuticals or provide medical or diagnostic advice. You should always seek advice from a qualified healthcare professional regarding your health, prescriptions or medication.
We do not verify, review, modify or alter your prescription or medication details in any way. If you have concerns about your prescriptions or medication you must contact a healthcare professional or pharmacist directly.
This Agreement will commence when you create an Account for OpenPharmacy and will continue for the Subscription Period or until the date of termination of this Agreement in accordance with clause 17.
If this Agreement is not terminated in accordance with clause 17, prior to the expiry of the then current Subscription Period, this Agreement will automatically renew for a period equal to the current Subscription Period.
We grant you a non-transferrable, non-exclusive and revocable licence to access OpenPharmacy for the Subscription Period, subject to and conditional upon your compliance with the terms and conditions of this Agreement.
The features available to you may be determined by the inclusions and usage restrictions set out in the Subscription Package which you choose at the time of subscribing to OpenPharmacy. You acknowledge and agree that where applicable, if you exceed the usage restrictions or wish to make use of alternate or new features of OpenPharmacy, you may be required to upgrade your subscription.
Unless stated otherwise, any Fees and applicable GST must be paid at the beginning of each Subscription Period.
Unless expressed otherwise, Subscription Fees are quoted in Australian Dollars and are inclusive of GST, withholding taxes, duties, tariffs and charges imposed or levied in Australia, or overseas, in connection with this Agreement.
You are responsible for all bank fees and charges applied by the payment gateway provider, which you choose to use.
7.1 Access
You acknowledge and agree OpenPharmacy is accessible by users with a valid Account. In order to make full use of OpenPharmacy you must allow your device access to certain mobile device services including data connectivity, email, and storage. If you refuse to grant access to those mobile device services, OpenPharmacy may not function as anticipated, or at all.
7.2 Support
Support for OpenPharmacy is provided in accordance with the support arrangements as set out on our Website or within the OpenPharmacy mobile application and may vary from time to time.
7.3 OpenPharmacy outages and system maintenance
If it is necessary to interrupt your use of OpenPharmacy, we will endeavour to provide you with reasonable notice (where possible) of when, and the anticipated duration for which, OpenPharmacy data retreival will be unavailable.
You acknowledge access to OpenPharmacy may be changed, interrupted or discontinued for many reasons, some of which are beyond our control and during routine maintenance there may be updates to OpenPharmacy which may change the interface and manner in which it functions.
To the maximum extent permitted at law, we are not liable for any loss, foreseeable or not, arising from any interruption to access OpenPharmacy, whether planned or not, and any such interruptions will not constitute a breach by us of this Agreement.
8.1 Registering an Account
In order to use OpenPharmacy, you are required to provide us with Personal Information and create an Account with us.
You agree to provide any information reasonably requested by us for the purpose of setting up your Account. You warrant that all of the information you provide to us is accurate and complete in all respects, you will inform us by updating your Account details whenever any such information changes and you will not provide false or misleading information.
8.2 Account security
Maintaining the security of your Account is important to ensuring your Personal Information, and that data which we process on your behalf, remains safe. We work hard to keep OpenPharmacy secure, and we ask you to contribute.
You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit, except that a legal guardian may create an Account on your behalf. You also agree not to disclose your Account security credentials to another person or permit them to access your Account. You are responsible for the activities undertaken using your Account which occur via OpenPharmacy.
8.3 Lawful use of OpenPharmacy
You undertake you will not use OpenPharmacy if that use would breach any Privacy Law, health data related law or breach any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a State or Territory of Australia or the jurisdiction in which you operate).
8.4 Conduct which is expressly prohibited
You may only acquire and make use of OpenPharmacy for the sole purpose of meeting your personal, non-commercial needs. You must not use or include any part of OpenPharmacy in any service bureau or fee generating service offered to third parties.
8.5 Our right to suspend
We reserve the right to limit or suspend your licence to access OpenPharmacy if you fail to pay the Subscription Fee where applicable, or if in our reasonable opinion, you are in breach of any of your obligations or warranties in this Agreement. Suspending your account will not constitute a breach of this Agreement by us, nor will it alter your obligation to pay the Subscription Fee.
We may also suspend your account if we suspect a security breach associated with your account or otherwise identify unusual activity.
The OpenPharmacy mobile applications are available from Google Play and the Apple App Store (App Marketplace Providers).
This Agreement is between us and you only. We, and not the App Marketplace Provider, are responsible for OpenPharmacy, and we are solely responsible for:
The App Marketplace Provider’s liability to you is limited to the refund of the purchase price of OpenPharmacy and any other remedies under consumer protection law. Your right to use the mobile version of OpenPharmacy is non-transferable and non-sublicensable, except to the extent the App Marketplace Provider permits family sharing or like sharing arrangements.
The App Marketplace Provider may monitor your use of OpenPharmacy and is entitled to enforce the terms of this Agreement against you. You agree to submit to their legitimate enforcement activities.
If there is any inconsistency between this Agreement and the application use rules set out in the App Marketplace Provider’s terms of service, their terms of service will prevail to the extent of the inconsistency.
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and you are not listed on any U.S. Government list of prohibited or restricted parties.
You agree and consent to us obtaining and handling your Personal Information in accordance with our Privacy Policy. We may amend our Privacy Policy in our sole discretion. If we amend our Privacy Policy, we will post the new version on our Website.
Certain components or features of OpenPharmacy may be integrated with applications, systems, databases or include APIs, links, data, information, resources, services and/or content such as eScripts obtained from the National Prescription Delivery Service or the Active Script List, that are provided or operated by third party service providers, including authorised third party healthcare providers (Third Party Services).
You acknowledge and agree that, subject to any Non-excludable Condition, we are not liable for:
12.1 Confidentiality
A party will not, without the prior written approval of the other party, disclose the other party’s Confidential Information.
Notwithstanding any other provision of this clause 12, a party may disclose the terms of this Agreement to its related companies, solicitors, auditors, insurers and accountants.
Each party will take all reasonable steps to ensure that its employees, agents, and any sub-contractors engaged for the purposes of the Agreement do not make public or disclose the other party’s Confidential Information.
A party will not be in breach of this clause 12 in circumstances where it is legally compelled to disclose the other party’s Confidential Information.
12.2 Permitted Disclosures
We may disclose information, including, but not limited to, your Personal Information including any health data or a transmission made using OpenPharmacy, in order to comply with a court order, subpoena, summons, discovery order, warrant, statute, regulation, governmental request, to protect our legal rights, prevent harm to persons or where such disclosure is necessary to the proper operation of OpenPharmacy (Permitted Disclosures).
You acknowledge and agree, we have no obligation to inform you if Permitted Disclosures are made.
13.1 Your User Content
If you provide us with content, including, without limitation, governmental or security credentials, text, photos, images, your prescriptions, medication or related health data and any other materials (User Content), your User Content stays yours. This Agreement does not transfer ownership of User Content to us.
When you provide User Content, you grant us a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with OpenPharmacy), communicate, publish and distribute User Content for the purposes of allowing us to provide, improve, promote and protect OpenPharmacy. You waive any claims against us relating to any moral rights or similar rights worldwide that you may have in the User Content.
You represent that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your User Content to the extent that it is used within OpenPharmacy.
While we reserve the right to take down any User Content which is in breach of this Agreement, you acknowledge and agree we are not required to monitor User Content, nor are we responsible for it.
13.2 Use of our Intellectual Property
We warrant we own or have a licence to use the Intellectual Property in OpenPharmacy. You must not do any of the following, assist anyone to do any of the following or permit any person over whom you have effective control to:
Subject to the Non-excludable Conditions and to the maximum extent permitted at law, we make no warranties or guarantees that OpenPharmacy is fault free, regarding OpenPharmacy’s fitness for any particular purpose which we have not expressed, or regarding your access to, or the results of your access to, OpenPharmacy including its correctness, accuracy, timeliness, completeness, reliability or otherwise.
15.1 Implied conditions
We expressly exclude all conditions, warranties and other terms which might otherwise be implied by any law, regulation, statute, common law or law of equity except any Non-excludable Condition.
15.2 Limitation of liability
Subject to any Non-excludable Condition and to the maximum extent permitted at law, we exclude all other liability for any costs, including consequential losses, suffered or incurred directly or indirectly by you in connection with this Agreement, including:
15.3 Limits to liability associated with goods and services
To the maximum extent possible under the law, we limit our liability for any breach to: in the case of goods, the re-supply of the goods or payment of the cost of the re-supply of the goods, or the replacement or repair of the goods or payment of the cost of replacement or repair of the goods; and in the case of services, the resupply of the services or the payment of the cost of having the services resupplied.
A party claiming a dispute has arisen under this Agreement (Dispute) must give written notice to the other party specifying the nature of the Dispute. The parties must submit themselves to the dispute resolution procedure set out in this clause 16 before commencing any legal proceedings.
If the parties cannot resolve the Dispute between themselves within 30 days, then either party may require the Dispute to be referred for mediation. The mediation must be undertaken in accordance with the Resolution Institute Mediation Rules, within the jurisdiction of the Agreement and, unless otherwise agreed between the parties, using a mediator nominated by the Resolution Institute. If the Dispute is not resolved within 30 days of the mediation commencing either party may commence proceedings in respect of the Dispute.
Each party must pay its own internal and legal costs in relation to complying with this clause 16. The mediator’s costs are to be shared equally.
The parties acknowledge and agree this clause 16 does not apply to the recovery of any debt or prevent a party from instituting proceedings for the purposes of seeking urgent injunctive or similar interim relief from a court.
17.1 Termination by either party
Either party may terminate this Agreement immediately on notice if the other party commits a material breach of this Agreement and the breach is incapable of being remedied or if the breach is capable of being remedied, the party in breach has failed to remedy the breach within 14 days after the receipt of notice to remedy.
We may end this Agreement if any third party that provides services or integrations for OpenPharmacy, ceases to provide its services to us, suspends performance or terminates their agreement with us for any reason whatsoever, or if your Account remains suspended for a period of more than 30 days.
Either party may terminate this Agreement immediately by notice in writing to the other party.
Notwithstanding anything to the contrary, closing your Account constitutes notice in writing to us of your intention to terminate. You acknowledge and agree that if we provide notice in writing via email, then that constitutes sufficient notice in writing from us and is effective from the date the email was sent.
Termination of this Agreement occurs at the end of the Subscription Period during which the notice was given.
17.2 Actions upon termination
Upon termination you must immediately stop using OpenPharmacy; we reserve the right to permanently erase any data associated with your Account; you will no longer have access to your Account; and you must not attempt to access OpenPharmacy or register a new Account without our prior written consent.
Assignment – Neither party may assign, encumber, declare a trust over or otherwise create an interest in its rights in this Agreement without the other party’s consent, which must not be unreasonably withheld.
Entire Agreement – This Agreement contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this Agreement and has no further effect.
Governing law – The laws of Queensland govern this Agreement. The parties submit to the exclusive jurisdiction of courts exercising jurisdiction there.
Notices – The parties agree all notices, disclosures and other communications that are provided in accordance with this clause, satisfy any legal requirement that such communications be in writing. Any communication under or in connection with this Agreement:
Relationship – Nothing in this Agreement is intended to create or be construed as creating a relationship of agency, joint venture or partnership between any of the parties.
Severability – Any provision of this Agreement which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this Agreement enforceable, unless this would materially change its intended effect.
Variations to this Agreement – We may vary this Agreement by giving one month written notice to you. If you do not accept the terms of the variation, you may terminate your subscription in accordance with clause 17.1. The variation takes effect at the beginning of the next Subscription Period.
Unless the terms and conditions of the Agreement state otherwise, the following expressions used in this Agreement have the following meanings:
Account or OpenPharmacy Account
means the username and access credentials used when you access OpenPharmacy.
Agreement
means these terms and conditions and any document incorporated into them by reference.
Confidential Information
means information that is by its nature confidential, including but not limited to information relating to either party’s personnel, policies, practices, clientele, business strategies, health data, Personal Information, Intellectual Property rights, the system operations associated with OpenPharmacy and security credentials. But does not include information already rightfully known to the receiving party at the time of disclosure by the other party or in the public domain other than as a result of a disclosure in breach of its obligations of confidentiality under this Agreement.
Event of Force Majeure
means an act of war (whether declared or not) or terrorism, the mobilisation of armed forces, civil commotion or riot, natural disaster, health epidemic, industrial action or labour disturbance, currency restriction, embargo, action or inaction by a government, a failure of a supplier, public utility or common carrier or computer disruption due to the effects of a computer virus, trojan, malware, a ransomware attack or other malicious code.
Intellectual Property
means all present and future rights conferred by statute, common law or equity (and all moral rights) in or in relation to business names, domain names, circuit layouts, computer code, confidential information, copyright, designs, formulas, inventions, knowhow, patents, plant varieties, recipes, trademarks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.
Non-excludable Condition
means any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded.
Personal Information
means information or an opinion about an identifiable individual (not a company), whether or not that information or opinion is true or in a material form.
Privacy Law
means both the privacy laws in the jurisdiction in which you operate and the Privacy Act 1988 (Cth) incorporating the Australian Privacy Principles.
Privacy Policy
means the privacy policy available on our Website as amended by us from time to time.
Subscription Fee
means the periodic price for any OpenPharmacy Subscription Package as set out on our Website or within OpenPharmacy itself, and if no price is specified then the use of OpenPharmacy is free.
Subscription Package
means any of the subscription packages advertised on our Website from time to time.
Subscription Period
means the period of time attached to the Subscription Package which you sign up for. If no period is specified, then the Subscription Period is 1 month.
You or your
means the person using OpenPharmacy.
Us, we or our
means EASY AS HEALTH PTY LTD ACN 673 356 977.
Website
means the website located at https://www.openpharmacy.com/ and any of its subdomains.
