Medicines Check and uLearn’n’Care
Welcome to Medicines Check and uLearn’n’Care website. These Terms and Conditions apply to your use
of this website.
By clicking the "I Agree" button below you acknowledge that you have read these
Terms and Conditions and agree to be bound them.
Medicines Check and uLearn’n’Care may modify any of these Terms and Conditions at any time in its sole
discretion and may also determine whether and when the modifications apply. Any
modifications shall be effective from the date of posting on Medicines Check and uLearn’n’Care’s website
(http://www.medicinescheck.com and http://ulearnncare.com).
1. DEFINITIONS
"Data" All information or other data placed on this website
"GP" The patient’s general practitioner (including support staff)
"Pharmacy" The patient’s pharmacy (including support staff)
"Health Authorities"
(i) In New Zealand: District Health Boards, Primary Health
Organisations, Department of Health and any other public or private
authorities;
(ii) Outside New Zealand: any relevant public or private health
authorities and government departments, any health researcher,
"researcher" approved by Medicines Check and uLearn’n’Care Limited.
"Site" Medicines Check and uLearn’n’Care’s hosted application website at
(http://ulearnncare.com).
2. REPRESENTATIONS BY THOSE ENTERING DATA ON THE
SITE
2.1 All those entering data on the site represent:-
2.1.1 That all data entered on the site by you is true and correct;
2.1.2 That the person entering a patient’s data onto the site holds a
consent form in the form approved by Medicines Check and uLearn’n’Care from time to
time signed by the patient and will retain that form and make it
available for inspection by Medicines Check and uLearn’n’Care upon request.
2.1.3 That the patient who has signed the consent form has been fully
informed and has the capacity to understand and give such consent.
2.1.4 That the patient has received an explanation of their rights and been
provided with a password to enable that patient to access their own
personal information on the site to check and correct it if required.
2.1.5 That if you become aware of the inaccuracy of any information
entered onto the site you will immediately correct it and notify
Medicines Check and uLearn’n’Care and take such further action as Medicines Check and uLearn’n’Care may
require.
2.1.6 That upon any patient withdrawing their consent you will remove
any personal information applying to that patient from the site.
3. REPRESENTATIONS BY THOSE ACCESSING INFORMATION
ON THE SITE
3.1 Patients will only use that information to check that the information held by
them is correct and to assess the effectiveness of their own medication.
3.2 GPs and pharmacies will only use the information obtained from this site to
manage a patient’s medication and assess a patient’s progress and the
effectiveness of the patient’s medication.
3.3 Health authorities, government departments and researchers will only use
the information obtained from this site to assess the effectiveness of
medication, treatments and prescribing regimes and to assist with research.
3.4 All uses must comply at all times with the Privacy Act 1993 and any other
applicable legislation and only use the site for the above purposes and for no
other.
4. Medicines Check and uLearn’n’Care’S REPRESENTATIONS
All software, materials and related graphics and services made available at this
site are provided "as is" without any representations of suitability or
warranties whether oral or written, expressed of implied including but not
limited to implied warranties of fitness for a particular purpose, accuracy,
completeness, Title, non-infringement or any warranties relating to viruses.
5. CHANGES AND ERRORS
Medicines Check and uLearn’n’Care may make changes to the software or materials at this site at
any time without notice. Portions of this site may contain errors or be out of
date and Medicines Check and uLearn’n’Care makes no commitment to correct such errors.
6. LIMITATION OF LIABILITY
In no event shall Medicines Check and uLearn’n’Care, its suppliers, distributors or other third
parties be liable for any special, incidental, indirect or consequential damage
(including, without limitations, damages for personal injury, loss of business
profits, business interruption, loss of business or confidential information, loss
of privacy or any other pecuniary loss arising out of the use of or inability to
use software materials or any information or services available on this site or
the provision of or failure to provide technical support or other services)
even if Medicines Check and uLearn’n’Care is advised of the possibility of such damages.
7. SERVICE INTERUPTIONS
Temporary interruptions of services provided by Medicines Check and uLearn’n’Care on this site
may occur from time to time as normal events. Medicines Check and uLearn’n’Care will exercise
reasonable care to prevent such occurrences but in no event will
Medicines Check and uLearn’n’Care be liable for any financial or other damages due to such
interruptions.
8. SECURITY OF YOUR LOGIN INFORMATION
You are responsible for keeping your login information secret and secure and
if you suspect any breach of the security of your login information you will
immediately notify Medicines Check and uLearn’n’Care.
9. SECURITY
You assume the security risk for all information that you transmit to the site
and Medicines Check and uLearn’n’Care specifically disclaims any liability arising in connection with
any theft or other loss of such information.
10. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all intellectual property rights contained in the services
provided to you by Medicines Check and uLearn’n’Care are retained by Medicines Check and uLearn’n’Care at all times
and that Medicines Check and uLearn’n’Care is the sole owner of all intellectual property rights in
relation to the services provided by the site.
11. APPLICABLE LAW
The use of the site is govern by the Laws of New Zealand and you
irrevocably and unconditionally submit to the jurisdiction of the Courts of
New Zealand and waive any objection to legal action being brought in those
Courts on the grounds of venue or inconvenience forum.
12. GENERAL REPRESENTATION
You represent and agree that you will not and you will not permit any other
person to:-
12.1 Use the site in any unlawful manner or for the invasion of another‘s privacy
12.2 Transmit any data that you do not have the right to transmit under any law
or contractual or fiduciary relationship
12.3 Transmit any data that contains any software, routine, code instruction or
virus that is designed to disable, delete, modify, damage or erase software,
hardware or data on or related to the site
12.4 Manipulate identifiers or logins in order to disguise any data transmitted to
the site or use some other person’s login without authority
12.5 Interfere with Medicines Check and uLearn’n’Care’s site or servers or networks connected to the
Medicines Check and uLearn’n’Care site
12.6 Interfere with the ability of others to use the site
12.7 Reproduce, sell, re-sell sublicense, distribute or exploit the use of this site for
any commercial purposes which have not been specifically approved herein
or by Medicines Check and uLearn’n’Care
12.8 Use the site in connection with the violation of any law or contract
AND you indemnify Medicines Check and uLearn’n’Care and its successors and assigns for any breach of
any representation or agreement contained in these Terms and Conditions and this
clause and such indemnity shall survive the termination of the relationship between
you and Medicines Check and uLearn’n’Care.
13. INTERNATIONAL USE
Recognising the global nature of the internet, you agree to comply with all
local rules and laws regarding online conduct and acceptable messages and
you agree to comply with all applicable laws regarding the transmission of
technical data exported from the country in which you reside or carry on
business.
14. INDEMNITY
You agree to indemnify Medicines Check and uLearn’n’Care against any claims, liabilities, costs or
damages including reasonable legal fees, made by any third party or otherwise
relating to or arising from your use of the site.
15. SITE CONTENT
The site and all material on the site including, without limitation, all texts,
graphics and other works on the site, the site’s design and coding and all
computer programs used or licensed in connection with the site, the look
and feel of the site and all reports generated by the site are owned by
Medicines Check and uLearn’n’Care or a third party. These materials are protected under
Copyright Trademark and other laws. Except in connection with browsing
the site and using the site for an authorised purpose you may not copy,
download, transmit, modify, distribute or republish any of the contents
displayed on the site. You may not reverse engineer, sign sub-license, transfer
or otherwise exploit the use of the site or any content thereof without
authority.
16. DEFAULT
Your right to use the site and the content displayed is on the terms and
conditions contained herein and may also be subject to you being a party to
an agreement with Medicines Check and uLearn’n’Care or an authorised distributor for the use of
the site and if you or any authorised distributor are in default in respect of
any payment due to Medicines Check and uLearn’n’Care at any time or are in breach of any of the
within Terms and Conditions Medicines Check and uLearn’n’Care may terminate your use of the
site without notice.
17. TERMINATION
Medicines Check and uLearn’n’Care may in its sole discretion terminate the supply of the services
or any other benefit provided to you at any time by the site and on
termination Medicines Check and uLearn’n’Care may take such steps as it may think fit to prevent
you from continuing to use the services. Medicines Check and uLearn’n’Care has no obligation to
return any of your data on termination of the services.