Terms and Conditions

AusDI is owned and/or operated by Health Communication Network Pty Limited trading as MedicalDirector (ACN 76 068 458 515) (HCN). You accept these terms and conditions by accessing and/or using AusDI.These terms and conditions must be read in conjunction with any other applicable terms and conditions governing your use of AusDI or the purchase of goods or services from HCN.Access to Information (defined below) on AusDI requires registering for a trial or subscription licence. If you are a trial user or paid subscriber, access and use of AusDI will be governed by the terms and conditions of the AusDI Subscription Licence Agreement.For institutional subscribers, access and use of AusDI will be governed by the terms and conditions of the separate clinical access agreement between you and HCN. To the extent of any inconsistency, these terms and conditions prevail over any other applicable terms and conditions.

AusDI Information

AusDI is an independent source of drug and therapeutic information (Information) developed for Australian medical practitioners, pharmacists, nurses and other health care professionals. AusDI includes the following Information:

• Independent Drug Monographs
• Product Information as approved by the Therapeutic Goods Administration (TGA) in searchable HTML format
• Consumer Medicine Information as supplied by various pharmaceutical companies in PDF format
• Drug Product Images for solid oral dosage forms
• Product Summaries and additional information
• Product Identifier Module
• Interactions and Safety Module with content supplied by First Databank Asia Pacific
• Complementary medicines and integrative therapies modules provided by Therapeutic Research Center, LLC and Unity Health Pty Limited.

The source of this Information is explained in more detail below in the Information Disclaimer.

General Disclaimer

Except as expressly stated, HCN and its related bodies corporate (the “HCN Group”) make no representation about the content and suitability for any purpose of the Information provided through AusDI. It is provided ‘as is’ without express or implied warranty of any kind.HCN Group does not warrant that use of AusDI will be uninterrupted or error free.

Australian Consumer Law

Australian Consumer Law means the Australian Consumer Law as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth) as amended or replaced from time to time.

Consumer has the meaning given in section 3 of the Australian Consumer Law.

Consumer Contract has the meaning given in section 23(3) of the Australian Consumer Law.

If you are a Consumer, our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. If you are not a Consumer the guarantees in Division 1 of Part 3.2 of the Australian Consumer Law do not apply. Irrespective of whether you are a Consumer or are not a Consumer:

(Exclusions) HCN Group excludes all terms, guarantees, conditions, warranties and undertakings in relation to the Information provided through AusDI other than to the extent the exclusion of which would contravene the Australian Consumer Law or which cause part of all of these terms and conditions to be void.

(Exclusion of liability) Except to the extent it would contravene the Australian Consumer Law, HCN Group members are not liable for any damages (including without limitation any special, indirect or consequential damages resulting from loss of use, data or profits) whether in contract, negligence or other tort, statute or otherwise arising out of or in connection with:

1. the use or performance of AusDI;
2. access to or use of the Information for a purpose for which it is not intended;
3. any errors or omissions in the Information;
4. any inaccuracies in the Information, images or data on which the Information is based or which is contained in the Information; or
5. any interpretations or opinions stated in, or which may be inferred from, the Information, images or data..

(No Warranty Against Defects) Except to the extent required under the Australian Consumer Law, HCN Group does not provide a warranty against defects. If you would like to claim in relation to any right under the Australian Consumer Law then you should contact your account manager.

(Limitation of Liability) If any condition, guarantee, warranty or right is implied or imposed under the Australian Consumer Law, or despite the preceding exclusion of liability HCN Group are otherwise liable under contract, negligence or other tort, statute or otherwise, and HCN Group are able to limit their liability for such breach then, HCN Group member’s liability for such breach shall be limited to:

• in the case of goods, at the option of HCN:
  • the replacement of the goods or the supply of equivalent goods; or
  • the repair of the goods; or
  • the payment of the cost of replacing the goods or acquiring equivalent goods.
• in the case of services, at the option of HCN:
• the supplying of the services again; or
• the payment of the cost of having the services supplied again.

Indemnity

HCN Group accepts no responsibility for your use of AusDI and the Information provided by AusDI.By accessing and/or using AusDI, you agree to indemnify and hold harmless HCN Group and their employees, officers, agents and contractors from and against:

• all actions, proceedings, suits, claims, demands brought or made against HCN Group by any person; and
• any loss, damage and costs (on a full indemnity basis) suffered or incurred by HCN Group by any person,
• in connection with your use of AusDI and the Information provided by AusDI.

Information Disclaimer

The Information in AusDI is general in nature and is intended for use by qualified health care professionals as a clinical and educational reference aid. 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.

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.

Product Information

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

Consumer Medicine Information

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

Drug Product Images

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

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 (AUST L), 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.

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 Asia/Pacific, Inc.

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 circumstances.

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

• The First DataBank database is intended to supplement, not substitute for, 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.

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 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.

IMgateway Module

MEDICAL DISCLAIMERS

This Solution is designed to offer general complementary medicine information for educational purposes only. The information provided, the interaction information and the interactive responses are not intended to be professional advice and are not intended to replace personal consultation with a qualified provider, physician, pharmacist or other healthcare professional. Advice of a professional 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 Pty Ltd, IMgateway and its Associates make any warranty that the information or content provided satisfies government regulations requiring disclosure of information on complementary medicine or prescription drug products. The content in this Solution 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 Solution 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 Solution.

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 Solution 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 Solution 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 Solution, nor of codes or other data available in this Solution. Information reflecting prices is not a quotation or offer to sell or purchase. The clinical information contained in the information 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 disclaims the implied warranties of merchantability and fitness for a particular purpose.

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

If, notwithstanding the other terms of this agreement (or any other agreement between you and either UnityHealth or IMgateway and its associates should have any liability for any loss, harm or damage, you agree that such liability shall under no circumstances exceed one times the cost of using the solution or service. You agree that the foregoing limitation of liability is an agreed allocation of risk between you and UnityHealth, IMgateway and its associates, as the care may be and reflects the fees, if any, you may be charged to use this service. You acknowledge that absent of your agreement to this limitation of liability, neither UnityHealth, IMgateway and its associates would provide this service to you.

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:

• 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.hcn.com.au/ 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 HCN 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 of the content and Information in the Natural Medicines Module is licensed from Therapeutic Research Center, LLC. 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:

• 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, in no event shall TRC or HCN be liable to you or any third party for any loss or damage arising out of or relating to an allegation of misbranding, for any indirect, special, incidental, consequential or punitive damages whatsoever (including, but not limited to, damages for loss of profits, for personal injury, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) , or for 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 HCN has been advised of, or otherwise might have anticipated, the possibility of such damages, fees or costs.

TRC’s 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 and in the aggregate not exceed the amount of the Annual License Fee TRC actually received from HCN for the License Year 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.

Copyright Information

Copyright for the Information in this publication (other than third party licensed images, Don’t Rush to Crush and the Interactions and Safety data) is owned by or licensed to HCN. 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 HCN infringes its copyright. All rights are reserved. No part of this publication 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 HCN. The images are licensed by HCN and it is a breach of the copyright of the licensor for them to be reproduced, stored or transmitted, in any form or by any means, electronic or mechanical, including photocopying, recording or otherwise. HCN has not checked, endorsed or approved the images supplied to it for use in the publication.Data in the Interactions and Safety module is supplied by First Databank Asia Pacific and is licenced by HCN. Intellectual Property Rights are and shall continue to be the property of FDB. HCN has not checked, endorsed or approved the data supplied to it for use in the Interactions and Safety module. Updated: 16 December, 2020