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.
Acceptance of Terms
Use of the Site
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.
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;
- 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
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.
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.
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
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.
- 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.
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.
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.
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
principal and agent.
- Notice: Any legal notices or communications regarding your service account will be sent to your nominated email address.
sub-headings are inserted for convenience only and shall not affect the meaning of these