Professional Development Program Terms and Conditions

1 Use of the Professional Development Program
1.1 Eligible persons
The Professional Development Program (PDP) is intended for exclusive use by persons intending to become accredited pharmacists and accredited pharmacists working in Australia.

1.2 Registration
To use PDP, you must sign up to the program by providing true, accurate and complete information and payment of any charges . On registration you will select a password. You are responsible for keeping its password secure and for all activities occurring under your username.

1.3 Terms and conditions
You agree to be bound by these terms and conditions, and acknowledge that Medscope Pty Ltd ACN 124 460 840 (Medscope) reserves the right to change these terms and conditions from time to time and that any change will be effective on posting on this website.

2 Your obligations
2.1 You must:
  1. make sure all information provided to Medscope is true accurate and complete.
  2. use PDP in accordance with the instructions and recommendations detailed by Medscope on its website from time to time.
2.2 You must not:
  1. do anything that would give rise to criminal or civil liability for either yourself or Medscope;
  2. impersonate any person or entity, or falsely state or otherwise misrepresent yourslef;
  3. upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of PDP or the website;
2.3 Indemnity
You indemnify Medscope its officers, employees and agents, against all loss suffered (including reasonable legal costs on a solicitor-client basis) and liability incurred by any of them arising from any breach by you of your obligations under this agreement.

3 Medscope’s general obligations
In addition to any specific obligations set out in this agreement, Medscope must:
  1. use reasonable care and skill in providing PDP; and
  2. comply with its Privacy Policy.
4 Incentives
4.1 Continuing Education (CE) points
PDP is approved by The Australian Association of Consultant Pharmacy for the award of CE points as notified on the website from time to time. Notwithstanding, Medscope has no authority to award CE points and provides no guarantee that the completion of PDP sessions will ultimately entitle you to the award of CE points.

4.2 Financial incentive
Medscope will not provide any financial incentive for the completion PDP sessions, and provides no guarantee that the completion of PDP sessions will entitle you to any such incentives offered by the government or other person.

5 Limitation of Liability
5.1 Liability
Medscope has no liability (whether for direct, indirect or consequential loss or damage) to you, nor any obligation to remedy any problem resulting from:
  1. any use of PDP, by you or any other person, otherwise than in accordance with the instructions and recommendations detailed by Medscope on its website from time to time;
  2. any breach by you of your obligations under this agreement;
  3. your data not being copied or backed up; or
  4. the non award of CE points from The Australian Association of Consultant Pharmacy
5.2 Exclusion of liability
Medscope is not liable to you (or to any third party) for, and you release Medscope from, any loss, liability, damage, expense or cost whatsoever, including (without limitation) indirect or consequential loss or damage, loss of profits or business opportunity caused by any act or omission of Medscope, its officers, employees or agents, and whether based on negligence or other tort, contract or otherwise.

5.3 Exclusion of implied terms
To the extent allowed by law, any term that would otherwise be implied in this agreement is excluded.

6 Intellectual Property Rights and Obligations
6.1 Intellectual property rights
Medscope warrants that it has the right, title and interest in the intellectual property rights reasonably necessary for you to be able to use PDP in accordance with this agreement. Ownership of the intellectual property rights in this website, PDP and any document generated using PDP shall not pass to you under this agreement.

6.2 Claims of infringement
If any person other than Medscope claims that you are in breach of that person’s intellectual property rights by use of PDP:
  1. (a) you must inform Medscope of that claim as soon as you become aware of it;
  2. (b) you must cease using the deliverable at Medscope’s request; and
  3. (c) Medscope indemnifies you against all liability under any final judgment in proceedings brought by that person so long as you have:
    1. met all your obligations under this agreement;
    2. given Medscope the option to conduct the defence of the person’s claim (including any settlement or compromise negotiations);
    3. provided Medscope with reasonable assistance in conducting the defence of the claim; and
    4. permitted Medscope to modify or substitute the deliverable at Medscope’s expense to avoid continuing infringement.
7 Charges
7.1 Charges specified on website
The website will specify the charges payable by you under PDP. All charges are in Australian dollars and are subject to GST.

7.2 Varying charges
Medscope may vary its charges from time to time and must use reasonable endeavours to draw your attention to the fact that its charges have changed. It may do this by means of a notice on its web site or otherwise. Medscope may vary charges at any time without notice as a result of any introduction of or change in any State or Federal taxes.

7.3 Payment
You must pay all charges in accordance with the Terms and Conditions for Payment on this website. These terms and conditions constitute the relevant “Product Terms and Conditions” referred to in the Terms and Conditions for Payment.

8 Privacy
By signing up to use PDP you expressly consent to the use and disclosure of your personal information in the manner described in Medscope’s Privacy Policy

9 Termination
Medscope may terminate your registration, delete your profile and any content or information that you have uploaded for any breach of this agreement by you.

10 General
10.1 Governing law
Any right or obligation under these terms and conditions is governed by the laws in force in the state of Tasmania, Australia and the parties submit to the non-exclusive jurisdiction of the courts of Tasmania, Australia in respect of any action that arises under these terms and conditions.

10.2 No waiver
The failure of Medscope to exercise or enforce any right or provision of these terms and conditions does not constitute a waiver of such right or provision in that or in any instance.

10.3 Severability
If any provision of these terms and conditions are held to be invalid, unlawful void or otherwise unenforceable, then that provision will be deemed severed from these terms and conditions and will not effect the validity and enforceability of any remaining provisions.

10.4 Interpretation
In these terms and conditions, the singular includes the plural and vice versa, reference to a person includes any legal or business entity, the words “including” and “for example” have no limiting effect.