AusDI Terms of Use and Consent Provision

Terms of Use

Information Disclaimer

Privacy Collection Notice

 

AusDI Terms of Use

 

1. These Terms of Use
   1. Health Communication Network Pty Ltd (trading as MedicalDirector) ABN 76 068 458 515 (MedicalDirector, we, our or us) provides the AusDI website which is accessible at ausdi.com (AusDI).
   2. Access to and use of AusDI is only available to users authorised under a licence agreement with MedicalDirector (Authorised Users). This will be either:
      1. the AusDI Subscription Licence Agreement, if you are a trial user or individual paid subscriber; or
      2. the Clinical Access Agreement, if the licence is between MedicalDirector and your employing or engaging entity, or the academic institution that you are a researcher or student at (Institutional Subscriber), (the Customer Contract).
   3. Together with the terms of the Customer Contract, these Terms of Use set out the basis on which Authorised Users are permitted to use AusDI. In these Terms of Use, any reference to ‘you’ or ‘your’ is a reference to an Authorised To the extent of any inconsistency, these Terms of Use prevail over the terms of the Customer Contract.
   4. By accessing or using AusDI, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use then you must not use
   5. We may revise, change or modify these Terms of Use at any time by making updated terms of use available AusDI. If this occurs, you will be notified via AusDI which will direct you to the updated terms of use. Continued use of AusDI will be deemed acceptance of the updated terms of

 

2. Your access to AusDI
   1. Subject to these Terms of Use, Authorised Users will generally have access to AusDI for as long as we agree to provide AusDI under the terms of a Customer Contract. If the Customer Contract expires or is terminated, you will no longer have  access to
   2. We or the Institutional Subscriber may otherwise change, suspend or discontinue any part of your access to, or use of, AusDI at any time at our or the Institutional Subscriber’s discretion and without any liability to you. If a change is detrimental to you, you can cease using AusDI at any time, and deregister your account by emailing us at kssupport@health.telstra.com.

 

3. Information available on AusDI
   1. AusDI is an independent source of drug and therapeutic information developed for Australian medical practitioners, pharmacists, nurses and other health care professionals. It is not intended for use by health care professionals outside of Australia. AusDI includes access to the following licensed publications:
      1. Independent Drug Monographs;
      2. Product Information as approved by the Therapeutic Goods Administration (TGA) in searchable HTML format;
      3. Consumer Medicine Information as supplied by various pharmaceutical companies in PDF format;
      4. Product Identifier Module, incorporating Drug Product Images for solid oral dosage forms;
      5. Product Summaries and additional information;
      6. ‘Don’t Rush to Crush’ publication;
      7. Interactions and Safety Module with content supplied by First Databank Asia Pacific Inc. (First Databank); and
      8. Complementary medicines and integrative therapies modules provided by Therapeutic Research Center, LLC (TRC) and Unity Health Pty Limited (UnityHealth),(together, the Information as contained in the Licensed Publications).
   2. The source of this Information, and important disclaimers and limitations, are explained in more detail below in Part C - Information Disclaimer. It is important that you read this section carefully.

 

4. Clinical responsibility
   1. The information available on AusDI is general in nature and is intended for use by Australian-qualified health care professionals as a clinical and educational reference aid only. Health professionals should review the Information and compare it against other relevant reference sources and their own knowledge and records of the patient’s clinical history to determine its suitability for use in individual circumstances. As the Information may not be entirely up to date, complete or error free, the Information should not be used as the sole basis for medical advice and treatment. The Information may not be entirely consistent as it has been sourced from various sources.
   2. You are solely responsible for your use of AusDI.
   3. You acknowledge and agree that AusDI is:
      1. not designed or intended for use (and must not be relied on) in environments requiring fail-safe performance, including without limitation as part of a life support, critical, emergency or acute system, process or service; and
      2. not a substitute or replacement for diagnosis, treatment recommendations and other professional and clinical decisions or judgement which you are solely responsible for (including verifying and confirming the accuracy of Information and critically important results as would be required by generally accepted standards of medical practice),

and any reliance on AusDI, information or data generated by AusDI will not diminish your responsibility in this regard.

 

5. Availability and accuracy of information
   1. While we use our best efforts to make sure that AusDI functions really well, we do not promise that it will always be accurate or defect free, or that it will be compatible with any of your other systems or We also don’t promise anything in relation to the timeliness, accuracy, suitability, quality, speed or completeness of any information, content, products or services available via AusDI or that the Information collected, displayed or communicated by AusDI is always accurate or complete. If an update or maintenance occurs, this may mean AusDI is temporarily unavailable. Where possible, notification of any planned outages which may materially impact the availability of AusDI    will be provided to you or the Institutional Subscriber.
   2. Since the internet is not a fully secure environment, we cannot guarantee that AusDI is free from viruses or other harmful code, or that any information you transmit to or via AusDI will be fully Access to and use of AusDI is at your own risk.

 

6. Privacy and data management
   1. You acknowledge and agree that we will collect, use and handle any personal information that is provided to us by you or the Institutional Subscriber in accordance with:
      1. our Privacy Policy, which is available on our website (see https://www.medicaldirector.com/privacy-policy); and
      2. our Privacy Collection Notice for AusDI (contained below).
   2. Each time you submit your own personal information via AusDI, you are declaring and agreeing that you consent to the collection, storage and use of that information in accordance with our Privacy Policy and Privacy Collection Notice and as contemplated by these Terms of
   3. You must only submit or upload, or request another person or entity to submit or upload, the personal information of any patient or any other individual if you or the Institutional Subscriber have first obtained the consent of and provided any notification to that individual in relation to our collection and handling of their personal information, to the extent required by applicable privacy
   4. We reserve the right to access, maintain, delete or destroy all communications or information uploaded or stored in connection with AusDI at any time and in our sole discretion (including to ensure that information complies with these Terms of Use and any legal requirements).

 

7. Third Parties
   1. AusDI may contain information about or links to websites, products and services provided by third parties (Third Party Products and Services).
   2. Such Third Party Products and Services are not owned, operated, endorsed or maintained by us (or affiliated with us), unless this is expressly indicated within the relevant information or
   3. We are not responsible for any Third Party Products and Services that are linked to or identified within AusDI, and accept no liability or responsibility for your actions or omissions in relation to such Third Party Products and You should contact the relevant third party directly if you have any queries or concerns.

 

8. Liability
   1. To the extent permitted by law:
      1. neither we nor our licensors, suppliers or any other third party referred to in AusDI are liable for any loss, cost, damage or injury arising out of:
         1. the provision of AusDI or any content available on or via AusDI; or
         2. any use or misuse (by you, the Institutional Subscriber, or a third party) of AusDI or any content available on or via AusDI;
         3. access to or use of the Information for a purpose for which it is not intended;
         4. any errors or omissions in the Information;
         5. any inaccuracies in the Information, images or data on which the Information is based or which is contained in the Information; or
         6. any interpretations or opinions stated in, or which may be inferred from, the Information, images or data available on AusDI;
      2. all express or implied guarantees, warranties, representations or other terms not contained in these Terms of Use are
   2. To the extent permitted by law, we are not in any way liable to any party for any indirect, incidental, special or consequential damages or loss (without limitation including damages for loss of profits, business interruption, loss of information or damage to systems due to viruses or other harmful components) arising from access to and use of
   3. Where any guarantee, warranty, term or condition is implied or imposed into these Terms of Use by legislation, and liability for breach cannot be excluded, but can be limited, then our liability for breach of that guarantee, warranty, term or condition is limited to one or more of the following (at our option):
      1. in the case of goods, the replacement of the goods or supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
      2. in the case of services, the re-supply of the services, or the payment of the cost of re-supplying the

 

9. Indemnity
   1. You are liable for, and must compensate us on demand for, all losses, costs, expenses (including legal costs on a full indemnity basis), claims or damage suffered or incurred (or that we agree to pay by way of settlement or compromise) in connection with or arising out of:
      1. a breach of these Terms of Use by you (including a representation or warranty);
      2. fraudulent or dishonest conduct by you;
      3. a failure by you to comply with applicable laws, codes or standards;
      4. personal injury, death or loss of or damage to real or tangible personal property caused by you;
      5. claims, actions or proceedings by a third party and any investigations by a government body in relation to your acts or omissions or the health or other professional services provided by you;
      6. failure to comply with any obligations of confidence or privacy under these Terms of Use, arising out of any of your acts or omissions whether accidental or not; and
      7. use of your user-name, log-in details or account by any person other than

 

10. 10. Copyright Information
    11. 1. Copyright in the information available on AusDI (other than third party licensed images, ‘Don’t Rush to Crush’ and the Interactions and Safety data) is owned by or licensed to MedicalDirector. Except for the limited purposes of being copied for personal use or as an educational aid, copying or reproducing the materials without the prior consent of MedicalDirector infringes its copyright. All rights are reserved. No part of the Information accessible via AusDI may be reproduced, stored in a retrieval system or transmitted, in any form or by any means, electronic or mechanical, including photocopying, recording or otherwise, without the prior written permission of MedicalDirector.
        2. The images on AusDI are licensed by MedicalDirector and it is a breach of the licensor’s copyright for them to be reproduced, stored or transmitted, in any form or by any means, electronic or mechanical, including photocopying, recording or otherwise. MedicalDirector has not checked, endorsed or approved the images supplied to it for use in relation to AusDI.
        3. Information in the Interactions and Safety module is supplied by First Databank and is licensed by MedicalDirector. Intellectual property rights are and shall continue to be the property of First Databank. MedicalDirector has not checked, endorsed or approved the information supplied to it for use in the Interactions and Safety module.

 

Information Disclaimer

10. 10. 11. Drug Monographs

 

The Information in Drug Monographs may contain statements that differ from those in the product information written by and provided by pharmaceutical companies and authorised for public release by the TGA. Selected brand names are included in the monographs for ease of reference only. The inclusion of a brand name is not intended as an endorsement of a particular product and the omission of a brand name does not indicate that a product is inferior. The Information does not cover all possible uses, actions, precautions, side effects, or interactions of drugs.

10. 10. 12. Product Information

 

The Information in the Product Information is the most recently available TGA approved version available from the pharmaceutical manufacturer.

10. 10. 13. Consumer Medicine Information

 

The Consumer Medicine Information is the most recently available version from the pharmaceutical manufacturer.

10. 10. 14. Product Identifier Module (incorporating Drug Product Images)

 

The Drug Product Images are the most recently available versions licensed from Guildlink.

10. 10. 15. Product Summary

 

The Product Summary is derived from various sources of information including the Product Information most recently available from the pharmaceutical manufacturer, the Schedule of Pharmaceutical Benefits and various other sources of product data and guidelines. Information about products that are a “listed good” on the Australian Register of Therapeutic Goods, which is not subject to evaluation and approval by the TGA, may change without notification to our editorial team. For this reason, information about a “listed good” may not be the most current.

10. 10. 16. Interactions and Safety Module

 

The Interactions and Safety module allows users to identify potential clinically significant pharmacokinetic drug interactions, duplicate therapy warnings and possible pharmacodynamic shared adverse effects between drug pairs, or potential clinically significant pharmacokinetic drug interactions, complementary medicines interactions and drug-food interactions for a single product. Interactions data in this module is provided by First Databank.

 

• • • Disclaimer:

IMPORTANT NOTICE:

First Databank is proud of the extensive editorial and quality control procedures which it has developed over many years. However, since every patient’s history is different, and even the most exhaustive sources of information cannot cover every possible eventuality, you should be aware that all information is provided from the First Databank database on the basis that the healthcare professionals responsible for patient care will retain FULL and SOLE responsibility for deciding what treatment to prescribe or dispense for all patients and, in particular whether the use of any drug or other product is safe, appropriate or effective for any particular patient or in any particular circumstance.

This is because (and all healthcare professionals should bear in mind):

10. 10. • The First Databank database is intended to supplement, not substitute, the expertise and judgment of physicians, pharmacists or other healthcare professionals.
        • The First Databank database and those who are responsible for its construction, operation and maintenance do not know the particular circumstances, condition or medical history of particular patients or groups of patients and so cannot advise as to particular cases.
        • While the First Databank database uses reputable sources of information, such as published data of pharmaceutical manufacturers, it does not validate or verify the information received from third parties.
        • The information stored on the First Databank database is not exhaustive. It therefore cannot be relied upon as complete.
        • Although the information stored on the First Databank database is updated on a regular basis, healthcare professionals should ensure that they are satisfied that the information they have is current and accurate.
    11. 17. 'Don’t Rush to Crush’ publication

 

IMPORTANT DISCLAIMER

 

The Society of Hospital Pharmacists of Australia Inc. (SHPA) does not warrant or represent that the information in this publication is complete, accurate or up to date. The information is subject to change without notice and changes after publication may affect its accuracy.

SHPA makes the information available on the basis that SHPA and its employees, contractors, contributors, the authors of references used in this publication and members of the editorial committee for this publication (SHPA parties) do not accept responsibility for the accuracy, currency, reliability or correctness of the information.

The SHPA parties do not have any liability (to the maximum extent permitted by law) whether by reason of negligence or otherwise to users for any loss, damage, injury, cost or expense incurred, suffered or arising out of using or relying on the information. This includes whether or not any loss, damage, injury, cost or expense arises out of any error, omission or misrepresentation in the information. Independent assessment and relevant professional advice that is specific to the circumstances should be sought before acting on the information in this publication.

10. 10. 18. IMgateway Module

 

MEDICAL DISCLAIMERS

This module is designed to offer general complementary medicine information for educational purposes only. The information provided, including the interaction information and the interactive responses, are not intended to be professional advice and are not intended to replace personal consultation with or advice from a qualified provider, physician, pharmacist or other healthcare professional including for questions related to any conditions, disease, disease symptoms, expected outcomes and appropriate treatments. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare provider immediately. You should never disregard medical advice or delay in seeking it because of something you have read on this site.

Neither UnityHealth, IMgateway and its associates make any warranty that the information or any other content provided satisfies government regulations requiring disclosure of information on complementary medicine or prescription drug products. The content in this module was developed for use in Australia and New Zealand, and neither UnityHealth, IMgateway and its associates make any representation concerning the content when used in any other country. While Information in this module has been obtained from sources believed to be reliable, neither UnityHealth, IMgateway and its associates warrant the accuracy of codes or other data contained in this module.

Medical information changes rapidly. Neither UnityHealth, IMgateway and its associates give medical advice, nor does UnityHealth, IMgateway and its associates provide medical or diagnostic services. Neither UnityHealth, IMgateway and its associates guarantee that the content in this module covers all possible uses, directions, precautions, interactions, or adverse effects that may be associated with any treatments. Your reliance upon Information and content obtained by you at or through this module is solely at your own risk. Neither UnityHealth, IMgateway and its associates assume any liability or responsibility for damage or injury (including death) to you, other persons or property arising from any use of any product, information, idea or instruction contained in the content or services provided to you.

LIABILITY DISCLAIMERS

Neither UnityHealth, IMgateway and its associates warrant the accuracy of the Information in this module, nor of codes or other data available in this module. Information reflecting prices is not a quotation or offer to sell or purchase. The clinical information contained in the module is intended as a supplement to, and not a substitute for, the knowledge, expertise, skill, and judgment of providers, physicians, pharmacists, or other healthcare professionals in the provision of healthcare and related services. The absence of a warning for a given complementary medicine drug or drug combination should not be construed to indicate that the drug or drug combination is safe, appropriate or effective in any given consumer.

Neither UnityHealth, IMgateway and its associates make any warranty or representation, express or implied, as to the accuracy of the data from which the Information is compiled or the accuracy of the Information itself, nor the compatibility of the Information with any hardware and systems, and specifically disclaim the implied warranties of merchantability and fitness for a particular purpose.

You use this module, and the material and information in this module, at your own risk. Neither UnityHealth, IMgateway and its associates shall be liable for any damages allegedly sustained arising out of use of this module, and including any consequential, indirect, special, or similar damages, even if advised of the possibility of such damages.

If, despite any other provision in these Terms of Use (or any other agreement between you and either UnityHealth or IMgateway and its associates), UnityHealth, IMgateway and its associates should have any liability for any loss, harm or damage, you agree that such liability shall under no circumstances exceed the cost of using the module. You agree that the foregoing limitation of liability is an agreed allocation of risk between you and UnityHealth, IMgateway and its associates, and reflects the fees, if any, you may be charged to use the module. You acknowledge that absent of your agreement to this limitation of liability, neither UnityHealth, IMgateway and its associates will provide this module to you.

10. 10. 19. Natural Medicines Module

 

The following terms and conditions apply to the extent that you access or use the Natural Medicines module of AusDI (Natural Medicines Module).

In addition, and only to the extent that its terms are not inconsistent with these terms and conditions, you must comply with TRC’s End User Licence Agreement (available at https://naturalmedicines.therapeuticresearch.com/terms-of-use.aspx) when accessing or using the Natural Medicines Module.

RESTRICTIONS ON USE

When accessing or using the Natural Medicines Module, you must:

10. 10. • only access, view, display or use the Natural Medicines Module for non-commercial purposes.
        • only access the Natural Medicines Module in electronic form via  https://ausdi.com /;
        • not transfer, exploit, copy, reproduce, publish, modify, edit, revise, alter, translate, syndicate, consolidate, store, create derivative works based on, anthologize, or otherwise exploit all or any portion(s) of the Natural Medicines Module or any information contained therein;
        • not modify, disable, attempt to circumvent, or otherwise interfere with any security, copy protection or other similar feature of the Natural Medicines Module;
        • not remove any proprietary notices, labels or marks embedded in or provided as part of the service with the Natural Medicines Module;
        • not use the Natural Medicines Module in any way that is offensive, abusive, libelous, harassing, threatening, discriminatory, vulgar, pornographic, unethical, unlawful, or otherwise inappropriate;
        • except as expressly authorised by both MedicalDirector and TRC, not use any robot, spider, retrieval application, or other automated functionality to retrieve or index any portion of Natural Medicines Module or any other TRC data, products, or services;
        • not use the information contained in the Natural Medicines Module to:
          • compile or prepare content or an independent resource or database on complementary and alternative medicines; or
          • develop any product that directly or indirectly competes with the Natural Medicines Module.
        • not use the Natural Medicines Module for redistribution, broadcast, transfers or Promotional Labeling (as this latter term is defined in 21 CFR §202.1);
        • not permit any other person to use or display the Natural Medicines Module (whether through frames, links or otherwise).

TRC’S INTELLECTUAL PROPERTY RIGHTS

Certain content and Information in the Natural Medicines Module is licensed from TRC. By using the Natural Medicines Module, you acknowledge TRC’s intellectual property rights in the Natural Medicines Module and agree not to misuse or otherwise violate those rights.

TRC GENERAL DISCLAIMER

You acknowledge and agree that:

10. 10. • TRC makes no representations, guaranties, or warranties of any kind (express, implied, statutory or otherwise) about the Database Content, the TRC API, MedicalDirector AusDI Product and/or the TRC Marks, including, without limitation, the performance, accuracy, use, completeness, safety, lack of negligence, effectiveness, commercial viability or results thereof, and specifically disclaims any and all express and implied representations and warranties of any kind or nature, including the implied warranties of merchantability, fitness for a particular purpose, title, validity, and/or non-infringement.
        • To the maximum extent provided by law, the Database Content, the TRC API, and the TRC Marks are provided “as is” and “with all faults.”
        • TRC (including, without limitation, its shareholders, officers, directors, staff, editors, authors, consultants and affiliated parties) undertakes and accepts no liability whatsoever to you or any other person or entity for errors, omissions, delays, interruptions, or losses, related to or caused by the Database Content or the TRC API.
        • You understand that TRC is not providing medical, clinical or other advice and that you should consult with a qualified medical professional for answers to general and specific medical and clinical questions.
        • For the avoidance of doubt, TRC has no obligation to provide support or technical assistance to you in relation to the Natural Medicines Module.

TRC LIABILITY DISCLAIMER

To the maximum extent permitted by applicable law, and despite any other provision in these Terms of Use, in no event shall TRC or MedicalDirector be liable to you or any third party for any loss or damage arising out of or relating to an allegation of misbranding, personal injury, failure to meet any duty including of good faith or of reasonable care, negligence, any indirect, special, incidental, consequential or punitive damages whatsoever (including, but not limited to, damages for loss of profits, , and any other pecuniary or other loss whatsoever), or attorneys’ fees, experts’ fees or court costs, arising out of, or in connection with the Database Content, the MedicalDirector AusDI product, the TRC API, or the TRC Marks, whether in tort (fault, negligence or strict liability), contract, breach of warranty or otherwise and whether or not TRC or MedicalDirector has been advised of, or otherwise might have anticipated, the possibility of such damages, fees or costs.

TRC’s aggregate liability for any damages arising out of, or incurred in connection with, the Database Content, TRC API and/or the TRC Marks, whether in tort (fault, negligence or strict liability) shall at all times not exceed the amount of the annual licence fee that TRC actually received from MedicalDirector for the 12 months immediately preceding the event giving rise to such liability.

The limitations, exclusions and disclaimers set forth above shall apply to the maximum extent permitted by applicable law, even if any remedy fails of its essential purpose.

Updated: October 2024

PRIVACY COLLECTION NOTICE

 

MEDICALDIRECTOR’S COLLECTION NOTICE FOR AUTHORISED USERS OF AUSDI

By signing up to and using AusDI you have provided, and will continue to provide, Health Communication Pty Ltd (trading as MedicalDirector) ABN 76 068 458 515 (MedicalDirector, we, our or us) with your personal information.

Our Privacy Policy includes important information about how we will collect, handle and hold this personal information. It also includes our contact details if you have any questions or would like to request access to or correction of your personal information. In addition to our Privacy Policy, this Collection Notice provides further (and more specific) information about our collection and handling of the personal information we receive about you:

 

What personal information will be collected?	We may collect the following types of personal information about you: ·       the information you provided when signing up for AusDI, including your name, email address and other contact details, your position description and/or job title; ·       verification information which relates to your position with the relevant healthcare provider that employs or engages you, or the academic institution at which you are a student (Institutional Subscriber) (if relevant); ·       your username(s) and log-in details; ·       your location information (if this is permitted by your device settings); ·       details of how you access and use AusDI; and ·       records of any communications we may have with you.
Why MedicalDirector is collecting your personal information	We’re collecting your personal information for the primary purpose of enabling you to access and use AusDI.   We may also use it to provide usage monitoring and reports to the Institutional Subscriber, and for any other secondary purposes set out in our Privacy Policy.
What it means if you don’t provide your personal information to us	If you choose not to provide your personal information, you may be unable to sign-up for or continue to use AusDI.
Who we might disclose this type of personal information to	In order to fulfil the purposes described above, we may need to share your personal information with certain third parties, such as:   ·       the Institutional Subscriber; and ·       our contractors, service providers and related bodies corporate who help us operate our business, on a need to know basis only (and subject to confidentiality requirements).   We will take reasonable steps to ensure that all recipients of your personal information abide by the Privacy Act and the Australian Privacy Principles.