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These Terms and Conditions are a legal agreement (Agreement) between you and ReCare Australia Pty Ltd ABN 34 637 680 114 (ReCare Australia) and oversee the terms upon which:
a. you are permitted to access and use ReCare Australia's online services, including websites, applications and other reCare information, text, graphics, or other materials (Content);
b. ReCare Australia provides services to you (the Recipient), including access to software that can send automated reminders to patients to collect their medicines or make a booking for vaccination and other health services; Receive payment, manage repeats, and arrange delivery; Perform video and chat consults, campaigns, patient feedback, and drug education; Assess harm and interaction risks and more (Services);
c. the Services are made available to you by ReCare Australia; and
d. you grant the rights to access your information by ReCare Australia to provide the Services. By clicking on the accept button, signing a copy of this Agreement, installing, copying or otherwise using our Services, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install or use our Services. The person signing this Agreement or clicking the accept button warrants to ReCare Australia that they are authorised to sign or agree to this Agreement on behalf of the Customer.
In this Agreement, unless the subject or the context otherwise requires, the terms defined in here have a corresponding meaning and:
Business means your pharmacy as carried on at the Pharmacy Address;
Feedback means your feedback, comments and suggestions for improvements to the Services;
Intellectual Property Rights means all present and future intellectual and industrial property rights conferred by statute, at civil, common law or in equity and wherever existing, including patents, designs, copyright, database rights, trade marks, know-how, domain names, brand names, inventions, product names, trade secrets and any other rights subsisting in the results of intellectual effort in any field, whether or not registered or capable of registration and including any application or right to apply for registration and any renewal or extension of rights;
Licence means the licence referred to in clause 2;
Output Data means the Pharmacy Data that is transmitted to or imported by ReCare Australia to provide the Services and derivative works;
Personal Information has the meaning set out in section 6(1) of the Privacy Act;
Pharmacy Data includes the files and databases that are stored on pharmacy Systems that contain the information reCare Australia requires access to in order to provide its Services. This includes but is not exclusive to pharmacist, patient and prescriber information relating to prescriptions;
Privacy Act means the Privacy Act 1988 (Cth), as amended or replaced from time to time and including all regulations and statutory instruments made under that Act;
Recipient means the person who is party to the Services Agreement with ReCare Australia in respect of the Services;
Reports means analysis, benchmarking, results, activities and other performance metrics in relation to the Business prepared by ReCare Australia for the Recipient;
Services Agreement means an agreement between ReCare Australia and the Recipient in relation to the Services, the fee payable to ReCare Australia for providing the Services and the Licence;
Transmit means to upload, submit, link, transmit, transfer or make available (in a manner approved by ReCare Australia in its discretion) information and data to ReCare Australia according to this Agreement and Transmission has a corresponding meaning;
System means the computers, Point-of-Sale (POS), dispensary, or other software used or operated in connection with your Business.
2.1 In consideration of the Services Agreement, ReCare Australia grants you a licence to use reCare (Licence) on the terms and conditions of this Agreement.
The Licence is subject to: you accepting and agreeing to be bound by the terms of this Agreement; you entering into a Services Agreement with ReCare Australia; and ensuring all invoices are paid as and when due.
2.2 ReCare Australia warrants that it has the authority to enter into this Agreement with you. The Licence is limited to use on your System. The Licence may only be transferred or assigned by you: with the prior written consent of ReCare Australia; and only in the event of transfer of your Business to a third party.
3.1 You agree to the installation of software either directly on your System or directly on your IT provider’s computer system (as required), so that ReCare Australia can provide the Services.
3.2 ReCare Australia may notify you and provide updates or new releases for reMind to improve performance or resolve issues. You consent to ReCare Australia installing such updates or new releases on your System.
4.1 When you enter into a Services Agreement with ReCare Australia, ReCare Australia offers the Service subject to your compliance with and payment of fees under the Services Agreement.
4.2 ReCare Australia reserves the right, at any time, to change or impose fees for your access to and use of the Services by giving you at least 30 days' notice. Such notified changes are binding on you unless you terminate this Agreement by written notice to ReCare Australia within the notice period. ReCare Australia will not impose fees for using our Services when they are advertised as free or during a trial period.
5.1 Subject to ReCare Australia complying with its obligations, you grant ReCare Australia the right to access your Pharmacy Data and System that are related to dispensing activity and to Transmit Pharmacy Data to ReCare Australia.