ACCEPTANCE OF THE TERMS OF SUBSCRIPTION
By showing interest or subscribing to MIMS Integrated You agree to these Terms of Subscription. If you do not agree to these terms, you may opt to withdraw your interest or cease using MIMS Integrated. If you are interested in or have subscribed to Reference Products, please refer to the Website and Reference Product Terms & Conditions.
DISCLAIMER AND LIMITATION OF LIABILITY
MIMS Australia, its affiliates, business partners and their respective employees, officers, agents and contractors reviews all Content provided in the Products by it, but makes no representation or warranty that all Content or information is complete, up to date or appropriate, as the information has been provided to MIMS Australia by third parties. Information and associated interactions contained in the Products are not intended to be used to diagnose, treat, cure or prevent any disease or for therapeutic purposes. No person should act in reliance on any statement contained in the information provided, and at all times should remember that clinical decisions are the responsibility of the attending health care professional and where any doubt exists regarding the appropriateness or not of any therapy, referral to a relevant specialist and/or the specific pharmaceutical manufacturer is recommended. MIMS Australia does not accept liability for any injury, loss or damage incurred by any use of, or reliance on the information provided through the Products.
Terms and Conditions
DEFINITIONS
1. DICTIONARY
1.1. AUD means the currency of Australia.
1.2. Content means any information, data, software, music, sound, photographs, graphics, video messages, prices or other material.
1.3. End User Licence Agreement means the terms of the End User Licence Agreement available on, or if applicable, available for You to click to accept on the relevant EMM which You activated Your MIMS Integrated.
1.4. GST means goods and services tax, consumption tax, value added tax, retail turnover tax or a tax of a similar nature.
1.5. EMM means the electronic medication management system or other similar system provided by a third party which MIMS Integrated is available on as an additional application feature which the user has the option to install, activate and use through the electronic medication management system or other similar system.
1.6. Primary Payment means any payment by You to MIMS Australia of any fees or any amounts payable by You to MIMS Australia under these terms and conditions.
1.7. Products means Reference Products and MIMS Integrated.
1.8. Reference Product means anything, whether physical or digital copy, for sale or licensed on the Website.
1.9. MIMS Australia means MIMS Australia Pty Ltd.
1.10. MIMS Integrated means the MIMS Australia medicines information database and clinical decision support available on the EMM.
1.11. Tax Invoice means an invoice in the format required by the law and which also shows the amount of GST payable by You in respect of the relevant Primary payment.
1.12. Websites means the websites operated by MIMS Australia, including all website platforms that hosts our Products and their Content.
1.13. You and Your means any organisation, or private individual, who is showing interest or subscribing to MIMS Integrated, on behalf of its end-users of the MIMS Integrated.
Integrated Products and Services
2. MAKING AN ORDER
If You have shown your interest to subscribe to MIMS Integrated through an EMM, MIMS Australia will contact you directly about Your order. Where applicable, MIMS Australia will use its best endeavours to request the relevant EMM to activate MIMS Integrated within the timeframe for activation specified in Your order. Please remember that the activation times given in Your order are approximate and delays from the EMM end can sometimes occur. Also, all activation times are based upon working days.
3. PAYMENT TERMS AND GST
3.1. All transactions are processed in AUD. Prices of MIMS Integrated are available in the respective EMM or by calling Customer Service at 1800 800 629.
3.2. All prices quoted are inclusive of GST.
3.3. MIMS Australia do not offer instalment payments for subscriptions. The term of Your subscription to MIMS Integrated is twelve (12) months.
3.4. You must pay by the due date stipulated on the invoice. Short payment will result in Your order being placed on hold until the payment of the subscription fee has been received.
3.5. MIMS Australia do not issue credit notes.
3.6. You must pay by electronic fund transfer (“EFT”) or BPAY if you are making payment of above AUD10,000
3.7. If MIMS Australia are liable by law for any GST on any Primary Payment You must pay to MIMS Australia the amount of GST.
3.8. You must pay to MIMS Australia an amount in respect of any GST that You are required to pay under this Agreement:
3.8.1. at the same time; and
3.8.2. in the same manner;
3.8.3. as You are required to pay for the Primary Payment to which the amount in respect of GST relates.
3.9. MIMS Australia must issue to You a Tax Invoice in accordance with the requirements of the law related to GST.
3.10. If MIMS Australia refund to You an amount under these terms and conditions. MIMS Australia must also refund You an amount in respect of any GST that You paid in respect of that amount.
4. REFUND/RETURN POLICY
4.1. Subject to clause 3 of these terms and conditions and to the extent permitted by law, if You do not like MIMS Integrated, You agree that:
4.1.1. A refund is available for MIMS Integrated cancelled within thirty (30) days of the date initial subscription period and is not available during subsequent Next Subscription Periods.
4.1.2. Any refund will be made to the original purchaser of MIMS Integrated only.
4.1.3. Refunds are dependent upon You providing Your full name, original order number and Your credit card or bank account details to process the refund.
5. CONTINUING, CANCELLING OR CHANGING A SUBSCRIPTION
5.1. MIMS Australia will inform you that Your subscription(s) will automatically continue for a subsequent subscription term one (1) week before the Next Subscription Period Billing (definition under clause 5.4. below). The subsequent term will be for successive terms equal to the duration of the preceding subscription period ("Next Subscription Period").
5.2. MIMS Australia may from time to time change the price of the MIMS Integrated for the Next Subscription Period and you will be notified at the same time as the notification in clause 5.1.
If You do not wish to continue your subscription over the Next Subscription Period, You could notify MIMS Australia in writing any time before the Next Subscription Period Billing ("Termination Notice").
5.3. MIMS Australia will issue You a Tax Invoice on the 1st business day of the month preceding the month of the start of the Next Subscription Period (“Next Subscription Period Billing”). You must make full payment before the start of the Next Subscription Period. If You do not make full payment within two (2) weeks into the New Subscription Period, Your subscription(s) will be immediately terminated.
5.4. If You wish to terminate one of Your multiple subscriptions You need to wait until Your current subscription ends and then re-subscribe to the remaining items.
5.5. If You wish to add an item to Your current subscription You can do so at any time during the subscription period.
5.6. If You wish to swap the subscriptions, for example discontinuing Your current subscription of MIMS Integrated on the relevant EMM and take out a new subscription of MIMS Integrated on another EMM or another MIMS product, MIMS Australia will transfer the value of Your old subscription to the new subscription.
Security
6. SECURITY AT THE WEBSITE
6.1. The Internet is an insecure public network and transmissions may be viewed, intercepted or interfered with by third parties. We accept no responsibility or liability for interference with transmissions or any consequent loss or liability suffered by You.
6.2. We have implemented security measures to provide You with peace of mind when You purchase goods from the Website. When You place an order Our secure service uses SSL (Secure Sockets Line) to connect You to the Website which encrypts all information.
6.3. We automatically delete credit card details upon the completion of an order and therefore retain Your credit card details for the shortest possible period of time.
6.4. If You are uncomfortable using Your credit cards online We also accept payment by Electronic Funds Transfer (EFT), cheque (from Australian banks only) and via the ‘phone’.
7. THIRD PARTY LIABILITY
7.1. If You use the links to external websites available on a Website then You acknowledge that MIMS Australia has not reviewed and is not responsible for any information contained and accessed through any link provided on the Website.
7.2. The links to these websites are made available by MIMS Australia for Your convenience only. The existence of these links does not constitute a guarantee or endorsement of those websites or the products or services offered by such websites, by MIMS Australia. User recommendations provided in the linked websites do not necessarily represent the views of MIMS Australia.
7.3. MIMS Australia accepts no responsibility nor liability for promotions shown or advice given on these websites, whether or not these websites are hosts or otherwise affiliated with MIMS Australia. We recommend that You carefully read the terms and conditions for each website (including the applicable privacy policy, especially if You are asked to supply personal information to those sites) linked to a Website. Remember, the Website privacy policy statements and disclaimers here apply solely to information collected by the Website.
Licensing
8. In consideration of your payment of the subscription fees for MIMS Integrated, MIMS Australia grants to You and You accept, a non-transferable and non-exclusive licence to use the MIMS Integrated and the Content thereon within Australia on the relevant EMM, subject to the following:-
8.1. the End User Licence Agreement; and
8.2. You must settle the applicable fees as stated in the invoice from MIMS Australia within the timeframe provided under these Terms of Subscription.
9. Each MIMS Product has a separate licence which You are required to read and accept. Please ensure that You have read and understood all the terms and conditions for the particular Product You are purchasing. If You do not wish to comply with the terms and conditions for each Product You select, do not purchase the Products.
10. You agree to indemnify, defend and hold MIMS Australia harmless against any claims, liabilities, proceedings, costs, losses, expenses or damages incurred by MIMS Australia in connection with Your use of the MIMS Integrated and Content thereon that is in breach of this terms and conditions or any other negligent or wrongful act or omission by You.
Electronic Communication
11. By providing your contact information (such as email address or mobile phone number) when buying subscription and/or using our Websites and Products, You consent to receive communications from us regarding your subscriptions, invoices, renewals, updates, and other related matters. These communications may be sent via email, phone, or other electronic means, as detailed in our Privacy Policy. Your continued use of our products or services may imply your consent to receive certain communications necessary for functional and operational purposes.
Termination
12. MIMS Australia reserves the right to immediately terminate Your subscription to MIMS Integrated if:
12.1. You fail to comply with Your Payment and Licensing obligations (Clause 3 and Clauses 8 to 10) under these terms and conditions; or
12.2. You are in breach of any of Your obligations to MIMS Australia, and that breach has not been remedied to the satisfaction of MIMS Australia within the requisite time period.
13. The expiry or termination of this Agreement will not affect or limit any accrued rights of the parties.
Others
14. GENERAL TERMS
14.1. You agree that these terms and conditions and Your access to the MIMS Integrated are governed by the laws of New South Wales and You agree to submit to the exclusive jurisdiction of the Courts located within the State of New South Wales for any disputes.
14.2. You acknowledge that these terms and conditions constitute the entire agreement between You and MIMS Australia and govern Your use of MIMS Integrated superseding any prior agreement between You and MIMS Australia for MIMS Integrated.
14.3. You may also be subject to additional terms and conditions that may apply when You use or purchase other services from MIMS Australia.
14.4. The failure of MIMS Australia to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver or any such right or provision. If any provision of the terms of service is found by a Court of competent jurisdiction to be invalid, the parties nevertheless agree that the Court shall Endeavour to give effect to the parties’ intentions as reflected in the provision and the other provisions of the terms and conditions shall remain in full force and effect.
14.5. In the event that there is any discrepancy between any provision of this Terms of Subscription and any provision of the End User Licence Agreement, the provisions of the End User Licence Agreement shall prevail.
15. CHANGES TO TERMS AND CONDITIONS
15.1. MIMS Australia reserves the right to change these terms and conditions from time to time to reflect any changes in its business.
15.2. MIMS Australia may also be required to change these terms and conditions for security reasons, for technical infrastructure reasons, or if required by law.
15.3. Any changes to these terms and conditions will be posted on the Website and a notice will be posted on Our home page. An email notification about the changes will also be sent to you.
15.4. We will not change any terms and conditions for an existing order that has been accepted by Us. The terms and conditions that will apply to the order are the terms and conditions that applied at the time You placed the order.