Terms and Conditions

Recitals 

  1. MxA Holdings Australia Pty Ltd A.C.N. 637 769 601 trading as My Pharmacy Appraisal (“Website Owner”, “We”) owns and operates this website. Access to and use of this Website and the products and services available through this Website (collectively, Services) by you, (the Subscriber) are subject to the following terms, conditions and notices (Terms of Use).
  2. By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of use. 

Operative Part 

  1. Amendments to Terms of Use 

1.1 The Website Owner reserves the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended. 

  1. Website 

2.1 Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website. 

  1. Linked sites 

3.1 This Website may contain links to other websites (Linked Sites), which are not operated by Website Owner. Website Owner has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms of Use and service contained within each such site. 

  1. Privacy policy 

4.1 Our privacy policy, which sets out how we will use your information, can be found at the Website Privacy page and all notifications must be sent to Privacy@mypharmacyappraisal.com.au. By using this Website, you consent to the processing described the privacy policy and warrant that all data provided by you is accurate. 

4.2 You agree to a multifactor authentication using the mobile telephone number provided by you, prior to being able to proceed with the data entry and retrieval of reports. 

4.3 Where selected by you, you consent to the disclosure of the report or reports produced by the Website to the third-party identified by you (e.g. accountants, solicitors or business brokers recommended by the Website Owner). 

  1. Prohibitions 

5.1 You must not misuse this Website. You will not: 

5.1.1. commit or encourage a criminal offense; 

5.1.2. transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; 

5.1.3. hack into any aspect of the Service; corrupt data; cause annoyance to other users; 

5.1.4. infringe upon the rights of any other person’s proprietary rights; 

5.1.5. send any unsolicited advertising or promotional material, commonly referred to as “spam”; or 

5.1.6. attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. 

5.2 Breaching this provision would constitute a criminal offense and Website Owner will report any such breach to the relevant law enforcement authorities and disclose your identity to them. 

5.2.1. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites. 

  1. Intellectual property, software and content 

6.1 The intellectual property rights in all software and content (including but not limited to data presentations and formats photographic images) made available to you on or through this Website remain the property of Website Owner or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Website Owner and its licensors. You may store, print and display the content supplied solely for your own personal use or as contemplated by these Terms and Conditions. 

6.2 You agree that you are responsible for the necessary hardware, software and associated security to access the Website. You agree to the limitations of the provision of the display of the Website content according to our own hardware, software or device, and the Website Owner excludes any warranties regarding the operation of that hardware, software or device. 

6.3 You agree that you will be compliant with the technical support requirements for cyber security and protection, as advised from time to time by the Website Owner of the collection and use of reports and the retrieval of them. 

6.4 You consent to the use of de-identified reports based on data collected from the website to third parties. 

  1. Disclaimer of liability 

7.1 Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. 

7.2 To the fullest extent permitted by law Website Owner hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other 

intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. 

7.3 This does not affect Website Owner’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law. 

  1. Warranty, Indemnity and acknowledgement – Subscriber 

8.1 You agree to indemnify, defend and hold harmless Website Owner, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Use, including the accurate input of all data. 

8.2 You warrant that they are authorised on behalf of the relevant pharmacy entity to apply for the subscription and will be required to provide necessary identity and credential information, including a mobile telephone number to be used as a verification tool. In the event that your authorisation is revoked, you warrant that you will update the Website Owner if necessary. 

  1. Reports 

9.1 You agree and acknowledge that the Website Owner reserves the right to use the data input by you, once de-identified, to produce and create reports, which may be disclosed to third parties. 

  1. Creation Storage and Retrieval of Data 

10.1 You warrant your level of authority and consent to identification procedures as published on the website including Multi-factor authentication. You warrant you will have adequate hardware and software to enable the Website to operate effectively on your device or system and no responsibility is taken by the website owner in that regard. You warrant you have all security systems in place for provision and retrieval of data from the website. You agree to comply with all technical support requirements in use and operation of the Website including security measures. 

10.2 You warrant that all data will be entered accurately, and Website owner will not be responsible or liable for an inaccuracies or changes. All changes will be required to be updated by you according to your level of subscription. 

10.3 The Website Owner is required only to store data for the minimum term required by law, which in any case will not exceed seven (7) years. 

10.4 The Storage and retrieval of any data in the future by you will be subject to and limited to the availability and cost under the third-party IT and cloud-based services provided at the cost of the new Subscriber. 

  1. Linking to this website 

11.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link 

from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice. 

  1. Disclaimer as to ownership of trade marks, images of personalities and third-party copyright 

12.1 Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Website Owner and you should not rely on the existence of such a connection or affiliation. 

12.2 Any trademarks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Website Owner. 

  1. Variation 

13.1 Website Owner reserves the rights and must have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any page of this Website. 

  1. Subscription, Fees and Payment level 

14.1 You acknowledge that you are responsible for choosing the level of subscription and agree to be bound and liable for the Annual Subscription fee associated with that level of subscription. 

14.2 Annual Subscription 

14.2.1. By purchasing an Annual Subscription, you agree to an initial pre-payment for one full year of service. 

14.2.2. After one year and annually thereafter, you will be billed a recurring Annual Subscription renewal fee at the then-current Annual Subscription rate. We will notify you before the renewal fee is billed. 

14.2.3. You may cancel your Annual Subscription any time before the next billing cycle, subject to the terms of our cancellation policy. 

14.3 Termination of Subscription 

14.3.1. Annual Subscription fees are non-refundable. You may cancel your Annual Subscription renewal at any time after you are billed for the then-current year and before you are billed for the next year, by logging into your account and following the cancellation procedures, or by contacting the Website Owner for instructions. 

14.3.2. Cancellation is effective immediately upon completing the cancellation process, which means that once you have cancelled the membership you will be able access past reports, but will not be provided with any further services. 

  1. Invalidity 

15.1 If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub- clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law. 

  1. Complaints 

16.1 We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.