Terms and Conditions Chempro Chemist Mobile App

Terms and Conditions Chempro Chemist Mobile App

1 Terms of use

(a) In these terms of use, "we", "us" and "our" means Chempro (QLD) Pty Ltd (ABN: 97 104 469 178) of Unit 1 29 Industrial Ave, Molendinar, QLD 4214, the software provider which

enables you to access your prescription and professional services records as well as other

services and information via your selected pharmacy/ies. Please read these terms of use

carefully as they apply to your use of the Chempro Chemists mobile application,

including any content on it (the App). By accessing or using the App you agree to be bound

by these terms of use.

(b) We may revise these terms of use from time to time. We will display a notice on the App

indicating when any such revisions have been made. If you do not agree to the revisions, you

should discontinue your use of the App. If you continue using the App, we will take your

continued use as your consent to the revised terms of use.


2 Intellectual property rights

(a) The App is subject to copyright and possibly other intellectual property rights.

(b) We grant you a limited, non-transferable licence to access and use the App solely for your

personal, non-commercial purposes.

(c) We (or our licensors) retain all right, title, and interest in and to the App, and nothing you do

on or in relation to the App will transfer any intellectual property rights to you or (except for

the licence referred to in paragraph 2(a)) permit you to exercise any intellectual property rights

unless this is expressly stated.

(d) Except as provided in these terms of use, any use or copying of the App for any other purpose

is expressly prohibited, unless prior written consent is obtained from us. You may contact us

at customersupport@chempro.com.au if you wish to seek such consent.

(e) Subject to applicable law, we may revoke the permission referred to in paragraphs 2(a) and

2(c) at any time and may suspend or deny your access to or use of the App without notice if

you breach, or we reasonably believe you have breached, any of these terms of use.


3 Privacy notice

In using the App, you may give us personal information, including health information. We

understand that the information you provide to us when you use the App is very important and

potentially sensitive, and we take your privacy very seriously. By using the App and viewing our

privacy notice, you grant us consent to collect, store, use and disclose your personal information in

accordance with our privacy notice. The privacy notice will also be available on the App.


4 Accuracy of content

(a) The content on the App is provided for general information only. It is not intended to

amount to medical or any other advice on which you should rely, and is not a

substitute for the advice of a health care provider. We are not a medical organisation

and cannot give you any medical advice or diagnose conditions. You should obtain

professional, specialist or medical advice (as applicable) before taking, or refraining from, any

action on the basis of the content of the App.

(b) Your use of the App is on the understanding that the App only shows you information about

you that your selected pharmacy/ies holds. Prescription information or professional service

information about you from non-selected pharmacies will not appear in your App account. The

App should not be used to communicate with your selected pharmacy/ies, including in relation

to any adverse reaction that you may experience in relation to any medication.

(c) While every effort has been made to show as accurately as possible the content forming part

of the App, we cannot guarantee that your mobile phone screen, or the screen or monitor of

any other device you use to access the App, will display such content accurately.

(d) Some of the information on the App may be provided by third parties, including: your

prescription and professional service history provided by Chempro Chemists; location and


contact details for pharmacies and other health care service providers; your Medicare

information; Consumer Medicines Information (CMIs) sourced from pharmaceutical manufacturers; and Google Maps data. While we believe that these third parties are reliable

sources of this information, we cannot guarantee that this information is always accurate, upto-

date or complete.


5 Registration and Your Data

5.1 Registration

(a) You are required to sign up to use the App either electronically through the relevant app store,

or in person at your selected Chempro Chemist which subscribe/s to the

GuildCare software.

(b) In order to sign you up, we are required to follow certain identification protocols to confirm

your identity or to confirm the identity of a child or other person under your care or for who

you are responsible for. This will occur either through our online identity verification process or

in person at the pharmacy you attend. Where you sign up at a Chempro Chemist, or

alternatively where you sign up online but are already registered with a pharmacy, that

pharmacy will record and facilitate your sign up using the GuildCare software, which will

generate an activation token, either by an SMS being sent to your phone with a unique sign up

token and a link to the App or by any other mode Chempro Chemist deems suitable. You can then

download the App and enter your token to register to use the App. Alternatively, where you

sign up to use the App electronically and are not already registered with a Chempro Chemist,

you will need to go through our online identity verification process to ensure your details match

those we hold on the Chempro Chemist database.

(c) As the App is connected to the GuildCare software, you may be asked to confirm if certain prepopulated

fields are correct. In addition, you will be required to provide an email address and

select a password. You must also set up a PIN. You may change your PIN at a later stage. You

must not share your password or PIN with anyone else and must take reasonable steps to

ensure that your password or PIN is secure and cannot be accessed by any unauthorised

person. If you have lost or forgotten your login name, password, or PIN you may follow the

prompts to request that these be reset or re-issued, providing always that you can confirm the

necessary security steps.


5.2 Your Data

(a) You must not provide any material through the App (Your Data) that:

(i) infringes the intellectual property rights or any other rights of another person;

(ii) would breach any applicable laws; or

(iii) would otherwise result in civil or criminal liability for you, us or any third party.

(b) By providing us with any of Your Data, you:

(i) grant us a non-exclusive, worldwide, royalty-free, perpetual, licence (including a right of

sublicence) to use, copy and otherwise exploit Your Data for the purpose of your use of

the App and the purposes set out in our privacy policy; and warrant that you have the

right to grant such licence.


6 Cancellation and variation

(a) You may cancel your registration and discontinue using the App at any time electronically by

following the prompts on the App.

(b) You may also cancel your registration by attending your selected pharmacy/ies and advising

them to process the cancellation on your behalf.

(c) If you have consented to your records being accessible by either a parent/carer or another

responsible person, you may revoke this consent by attending your selected pharmacy/ies and

advising them that you have now revoked consent for either the parent/carer or another

responsible person to have access to your records via the App. Your revocation of consent will

result in their access to your records being cancelled.


(d) We may suspend your use of the App or cancel your registration, either temporarily or

permanently, if you breach, or we reasonably believe you have breached, any of these terms of

use. If we suspend your use of the App or cancel your registration, you must cease accessing

and using the App and, in the case of cancellation, these terms of use will be terminated,

including the licence granted to you in paragraph 2(a).

(e) We may from time to time vary, modify or discontinue, temporarily or permanently, any part

or all of the App. You may update the App with any new releases, versions or amendments as

made available in the app store from time to time.


7 General restrictions

(a) In using the App, you must not:

(b) provide us with inaccurate or incomplete information;

(c) violate any applicable laws, or use the App for any purpose that is unlawful;

(d) distribute viruses, spyware, corrupted files, or any other similar software or programs that

may damage the operation of any mobile, smart device or computer hardware or software;

(e) collect or store data about other users of the App or other individuals unless you have the

explicit consent from someone for whom you care to do so; or

(f) engage in any other conduct that inhibits any other person from using or enjoying the App.


8 Warranties and liability

(a) All express or implied guarantees, warranties, representations, statements, terms and

conditions relating to these terms of use and the App that are not contained in these terms of

use, are excluded to the maximum extent permitted by law.

(b) In particular, and without limiting paragraph 8:

(i) while we endeavour to provide a convenient and functional App, we do not guarantee

that that your requirements will be met or that your use of the App will be

uninterrupted, error free or that the App is free of viruses or other harmful components;

(ii) which occurs outside of our digital systems (such as those which occur while being sent

over the internet); and

(iii) we cannot be responsible for any third party communications, including communications

between you and a pharmacy, and CMIs.

(c) We recommend that, to the extent possible, you install and use up-to-date anti-virus, antispyware

and firewall software on your mobile phone, computer or other device you use to

access the App.

(d) Nothing in these terms of use excludes, restricts or modifies any guarantee, term, condition,

warranty, or any right or remedy, implied or imposed by any law or legislation which cannot

lawfully be excluded or limited, including the Australian Consumer Law which contains

guarantees that protect the purchasers of goods and services in certain circumstances.

(e) If any guarantee, term, condition or warranty is implied into these terms of use under the

Australian Consumer Law or any other applicable legislation (a Non-Excludable Provision)

and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our

liability for breach of the Non-Excludable Provision is limited to one or more of the following, at

our option:

(i) in the case of goods, the replacement of the goods or the supply of equivalent goods,

the repair of the goods, the payment of the cost of replacing the goods or of acquiring

equivalent goods, or the payment of the cost of having the goods repaired; or

(ii) in the case of services, the supplying of the services again, or the payment of the cost of

having the services supplied again.

(f) Subject to paragraphs 8(c) and 8(f) and our obligations under the Non-Excludable Provisions,

and to the maximum extent permitted by law, we are not liable for any claims under or relating

to these terms of use or arising in connection with your use of the App, whether in contract,

tort (including negligence), in equity, under statute, under an indemnity, based on fundamental

breach or breach of a fundamental term or on any other basis.

(g) Our liability to you is diminished to the extent that your acts or omissions (or those of a third

party) contribute to or cause the loss or liability.


9 Links and advertisements

(a) The App may contain links or references to other third party apps or websites, and also

advertisements which may include embedded links. We have not reviewed any of the

references or sites linked to the App and are not responsible for the content or accuracy of any

off-site pages or any other apps or sites referenced in or linked to the App. The inclusion of

any link, reference or advertisement does not imply that we endorse the linked site or


reference, or the subject matter of the advertisement.

(b) Sometimes our App provides access to digital navigation services (including Google Maps) to

allow you to locate pharmacies and other health services/providers. By accessing the Google

Maps service through our App, you agree to be bound by Google’s terms of service, which can

be accessed at: https://www.google.com/policies/terms/.


10 Force Majeure

Neither party will be liable for any failure or delay in performing any of its obligations under these

terms if such delay is caused by circumstances beyond that party’s reasonable control.


11 General

(a) If any part of these terms of use is held to be unenforceable, the unenforceable part is to be

given effect to the greatest extent possible and the remainder will remain in full force and

effect.

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