Terms & Conditions

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Terms & Conditions

This Web Site, together with and including all Content thereon, wherever from or however derived, (“the Web Site”) is not a substitute for independent professional advice from Your qualified health care professional. All information on the Web Site is intended solely for Australian qualified health care professionals. 

By accessing, viewing or using the Web Site, You:

(a) warrant that You are an Australian qualified health care professional and are accessing the Web Site from within Australia.

(b) acknowledge that You will not rely on any of its Contents, but will treat the information as being only of a general informational nature; and

(c) otherwise acknowledge, accept and agree to abide by these terms and conditions.

MIMS Australia and its publisher, CMPMedica Australia Pty Ltd, the operator of the Web Site, its affiliates, business partners and their respective employees, officers, agents and contactors (“MIMS Australia”) reviews all Content provided on the Web Site and in the Products by it, but makes no representation or warranty that all Content or information is complete, up to date or appropriate. Information and associated interactions contained in this Web Site and 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 Web Site or the Products, whether arising from negligence or otherwise.

1. DICTIONARY

AUD means the currency of Australia.

Australian Qualified Health Care Professional means a professionally trained person who has the requirements set down by the relevant authorities for practising as a health care practitioner in Australia.

Billing Details means the section of the order form where You provide Us with information so that We can issue a Tax Invoice to You for the Products. 

Content means any information, datatech, software, music, sound, photographs, graphics, video messages, prices or other material.

Editor means any representative of MIMS Australia who can update and maintain the Web Site.
GST means goods and services tax, consumption tax, value added tax, retail turnover tax or a tax of a similar nature. 

Input Tax means an amount equal to the amount of GST paid or payable for the supply of anything required.
Intellectual Property Rights means all rights whether registrable, registered or unregistered, in any patent, trade mark, trade name, business name, company name, copyright, registered design or other design right or circuit layout right or any applications for or rights to obtain or acquire any such rights.

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.

Products means anything whether for sale or licensed on the Web Site.

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. 

We, Us, and Our means MIMS Australia and its publisher, CMPMedica Australia Pty Ltd.

You means any user of the Web Site. 

2. WEBSITE INFORMATION IS INTENDED FOR AUSTRALIAN QUALIFIED HEALTHCARE PROFESSIONALS ONLY  

Information and Products on this Web Site is intended solely for Australian Qualified Health Care Professionals and the information contained on this Web Site and sub-sites is Australia specific.

3. CLINICAL INFORMATION CONTAINED IN THE PRODUCTS

Clinical information contained in the Products and this Web Site is intended for education and instruction of qualified health care professionals, specifically Australian Qualified Health Care Professionals. Consumer seeking clinical information should not act in reliance on any statement contained in the information provided on the Web Site, and at all times should obtain specific advice from a qualified health care professional. 

4. QUALITY OF INFORMATION

4.1 MIMS Australia has made all reasonable efforts to ensure that all Content and Products provided on the Web Site are accurate and up to date. However, MIMS Australia cannot guarantee complete accuracy of the Content on the Web Site or the Products and assumes no legal liability or responsibility for the accuracy, currency or completeness of any information found on the Web Site. 

4.2 Clinical decisions are the responsibility of the Australian Qualified Health Care Professional using the Web Site and where any doubt exists regarding the appropriateness or not of any Content or Product on the Web Site, referral to a relevant specialist is recommended.

4.3 There will inevitably be clinical situations which will not be fully covered by the Content or the Product as provided by MIMS Australia. In these circumstances, it is strongly recommended that further information and advice be sought before a clinical decision is made. To the extent permitted by law, MIMS Australia excludes all liability (even if negligent) for any injury, loss or damage caused by reliance on any of the information contained in, or provided through the Web Site. You acknowledge that the use of the Web Site is entirely at Your own risk.

5. INFORMATION COMPLIANCE WITH AUSTRALIAN REGULATIONS ONLY

5.1 MIMS Australia recognises the global nature of the Internet and also recognises that the Content and the Products include information which is subject to country specific heath legislation. MIMS Australia has used its best endeavours to ensure that the information contained on the Web Site and in the Products complies with specific Australian health regulations and codes of practice. However, MIMS Australia takes no responsibility for the accuracy or legal compliance of the information contained in advertisements or on sub-sites owned or administered by third parties and hosted by MIMS Australia.

5.2 MIMS Australia also recognises the availability of pharmaceutical products varies around the world. Products referred to on this Australian site may not be available or permitted in other countries.

6. THIRD PARTY LIABILITY

6.1 If You use the links to external web sites available on this Web Site 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 Web Site.  

6.2 The links to these web sites are made available by MIMS Australia for Your convenience only. The existence of these links does not constitute a guarantee or endorsement of those web sites or the products or services offered by such web sites, by MIMS Australia. User recommendations provided in the linked web sites do not necessarily represent the views of MIMS Australia. 

6.3 MIMS Australia accepts no responsibility nor liability for promotions shown or advice given on these web sites, whether or not these web sites are hosts or otherwise affiliated with MIMS Australia. We recommend that You carefully read the terms and conditions for each web site (including the applicable privacy policy, especially if You are asked to supply personal information to those sites) linked to this Web Site. Remember, the Web Site privacy policy statements and disclaimers here apply solely to information collected by the Web Site.

7. PURCHASING ONLINE (available on www.mims.com.au)

7.1 Selecting a Product 

When You find a Product on the Web Site which You would like to purchase click the “add to cart” button. By clicking the “add to cart” button, the Product which You have selected will be added to Your shopping basket. If you wish to change the quantity, please insert the quantity You require in the appropriate box and click the “update” button.

7.2 Licence Conditions

Each Product has a separate licence which You are required to read and accept before Your purchases will be validated by the Web Site. Please ensure that before ticking the “I accept” option, You have read and understood all the terms and conditions for the particular Products 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.

7.3 Purchasing a Product

7.3.1 If You wish to clear Your cart, please click “clear cart” button located at the top of the page displaying the Product. If You wish to view Your cart, please click the “view cart” button located at the top of the page.

7.3.2 When You are ready to make a purchase please check the “proceed to checkout” button and You will be taken to the checkout process where You will be asked to include the following information:

  • the payment method You wish to use;
  • Your name, address and contact details; and
  • how You wish the Products delivered to You;

7.3.3 When You have entered the information including Your payment method details, Your order will be displayed and You will be asked to confirm that these details are correct before Your order is submitted to Us. You can change any details at this point if You need to. Please note that all payments are to be made in Australian Dollars (AUD) and all prices are displayed in AUD. Please note that We accept payment by the following credit cards: Mastercard, Visa, Amex and Diners

7.3.4 We do not charge Your credit card until Your order is ready to be sent to You and We automatically delete Your credit card details when Your order is completed. 

7.3.5 Prices listed on the Web Site are current at the time Your order has been placed. The prices can change from time to time.

7.4 Delivery and shipping

7.4.1 Within Australia. Please allow 7 to 10 working days for delivery. We deliver by post using standard rates.

7.4.2 Within New Zealand. Please allow 7 to 10 working days for delivery. We deliver by post using standard rates.

7.4.3 Other international Destinations. Delivery takes up to 20 working days. We deliver via air mail

7.4.4 We accept responsibility for any loss of, damage to, late delivery or non-delivery of goods ordered from Our Web Site. To the maximum extent permitted by law, You agree to release Our carriers from any liability relating to the loss of, damage to, late delivery or non-delivery of any goods You order from this Web Site and to assign all rights to claim compensation or insurance against Our carriers to Us and expressly and irrevocably do so by clicking the following box.

7.4.5 In rural and regional areas of Australia, delivery times for express parcel services are in respect of delivery to the post office, the principal township in that area. Delivery to the final destination may take longer. If in doubt please check with Your local post office.

8. PAYMENT TERMS AND GST

8.1 If You require a Tax Invoice You must supply a purchase order number when ordering. All institutions will need to provide a purchase order number when placing an order. If You require delivery of goods prior to payment You must supply a purchase order number.

8.2 We do not offer instalment payments for subscriptions. The term of Your subscription to all Products is twelve (12) months. Note: MIMS Annual is published once a year and charged in full.

8.3 Short payment will result in Your order being placed on hold until the payment of the subscription fee has been received.

8.4 We do not issue credit notes.

8.5 Any overseas orders require a payment at the time of ordering. No overseas orders will be despatched prior to payment

8.6 If We are liable by law for any GST on any Primary Payment You must pay Us the amount of GST.

8.7 You must pay to Us an amount in respect of any GST that You are required to pay under this Agreement:
(i) at the same time; and
(ii) in the same manner;
as You are required to pay for the Primary Payment to which the amount in respect of GST relates.

8.8 We must issue to You a Tax Invoice in accordance with the requirements of the law related to GST.

8.9 If We refund to You an amount under this Agreement We must also refund You an amount in respect of any GST that You paid in respect of that amount.

9. PRODUCT AVAILABILITY

9.1 We update the information about Products regularly. However, from time to time a Product may become unavailable between updates of availability information.

9.2 We use Our best endeavours to deliver the Products You have ordered within the timeframe for delivery specified in Your order. Alternatively, You can cancel Your order within thirty (30) days of the order date, in which case if Your payment has been processed We will refund to You the purchase price. Please remember that the deliver times given in Your order are approximate and delays can sometimes occur.. Also, all delivery times are based upon working days. You will become the owner of the Products You have ordered when the Products have been delivered to You.

9.3 Subject to clause 13 of these terms and conditions You agree that:
(a) Any refund applies to the original purchaser of the Product only;
(b) A refund is available for goods returned within thirty (30) days of the date the original purchaser ordered a Product.
(c) Refunds are dependent upon the original purchaser returning the Product at their expense to MIMS Australia, Locked Bag 3000, St Leonards NSW 1590.
(d) Refunds are dependent upon You providing Your full name, original order number and Your credit card details to process the refund. Please note that in accordance with clause 7 We do not keep a record of Your credit card details.

9.4 Goods returned within thirty (30) days will only be given a full refund once the goods have been received by MIMS Australia.

9.5 Damaged Products or Faulty Products will be replaced (not refunded) within the period of the twelve (12) months’ subscription.

9.6 MIMS for PDA Very occasionally technical issues make it impossible for a customer to access this Product. In these instances a full refund will be provided within the first 30 days.

10. CANCELLING OR CHANGING A SUBSCRIPTION

10.1 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.

10.2 If You wish to add an item to Your current subscription You can do so at any time during the subscription period. The additional item will be discounted at the appropriate level. 

10.3 If You wish to swap items, for example discontinuing Your PDA subscription or take out a new subscription for MIMS Bi Monthly, We will transfer the value of Your old subscription to the new subscription.

11. COMPETITIONS 

From time to time the Web Site may include competitions and offers for services for which We will require You to complete an entry form available on the Web Site and We will contact You by telephone and/or email to organise the required entry form and agree to specific terms and conditions. We will ensure that any such competition or offer complies with the Web Site’s privacy policy. 

12. SECURITY AT THE WEB SITE 

12.1 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.

12.2 We have implemented security measures to provide You with peace of mind when You purchase goods from the Web Site. When You place an order Our secure service uses SSL (Secure Sockets Line) to connect You to the Web Site which encrypts all information You send from Your computer. 

12.3 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.

12.4 If You are uncomfortable using Your credit cards online We also accept payment by EFT, money order, cheque (from Australian banks only) and via telephone payment systems.

12.5 We use Our best endeavours to protect all information You provide us at all times, but We cannot be responsible for unauthorised access to that information.

13. LIMITATION OF LIABILITY

13.1 To the extent permitted by law, We exclude (and to the extent that such exclusion is prohibited limits to the maximum allowable extent) any and all loss, costs, damages or expenses of whatsoever nature (whether direct, indirect, incidental, consequential or otherwise) including, but not limited to, loss of profits, loss of savings or other incidental or consequential damages arising out of, relating to or connected in any manner whatsoever with Your use of the Web Site. In the event that such liability cannot be excluded We limit Our liability to, at Our option:
(a) in the case of goods (including Products):
(i) the replacement of the goods of supply of equivalent goods;
(ii) repair of the goods;
(iii) payment of the cost of replacing the goods or acquiring equivalent goods;
(iv) payment of the cost of having the goods repaired; or
(b) in the case of any services:
(i) supplying the services again; or
(ii) payment of the cost of having the services supplied again.

13.2 To the extent permitted by law, We are not responsible for any service or good provided by a third party supplier.

14. THE CONTENT OF THE WEBSITE AND ITS AFFILIATES IS COPYRIGHT

14.1 MIMS Australia reserves all rights in the Website. In particular, no alterations, additions or adaptations of this Website publication are permitted by any company outside MIMS Australia without written consent from the Editor.

14.2 MIMS Australia makes every effort to contact copyright holders of photographs, illustrations, images and Content. If a work in copyright has been inadvertently included, MIMS Australia apologises to those concerned. Should the copyright holder prefer that the work not be made available on the Website, please contact MIMS Australia in writing and the Website will be amended.

14.3 This Website may display photographs and images that are posed by models and in no way does MIMS Australia or its affiliates suggest that the people portrayed in those images are linked to any produce or service advertised on the Website.

14.4 You may, for Your own private non-commercial use, download and print an advertisement from the Website. This is the only permitted use You have for any Content on the Website, subject to the fair dealing purposes set out in the Copyright Act 1968 (Cth).

15. WEBSITE LINKING POLICY

15.1 Other websites are welcome to link pages in the Website, provided that permission is sought by those websites prior to any linking occurring. If permission is granted by the Editor for linking, the linking can occur, provided that no attempt is made to pass off the Content of the Website as the property of the linking website.

15.2 We do not grant permission for anyone to copy the Content of the Website to their own web pages without the prior written consent of MIMS Australia.

16. GENERAL TERMS

16.1 You agree that these terms and conditions and Your access to the Website 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.

16.2 You acknowledge that these terms and conditions constitute the entire agreement between You and MIMS Australia and govern Your use of the Website superseding any prior agreement between You and MIMS Australia.

16.3 You may also be subject to additional terms and conditions that may apply when You use or purchase other services from MIMS Australia.

16.4 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.

17. CHANGES TO TERMS AND CONDITIONS

17.1 MIMS Australia reserves the right to change these terms and conditions from time to time to reflect any changes in its business.

17.2 MIMS Australia may also be required to change these terms and conditions for security reasons, for technical infrastructure reasons, or if required by law.

17.3 MIMS Australia will change these terms and conditions at any time by posting the updated terms and conditions on the Website and by posting a notice to You on Our home page. It is Your responsibility to be aware of any changes to these terms and conditions.

18. ADMINISTRATORS

Administrators are also bound by these terms and conditions of use, and every time an Administrator creates a new account to access the restricted member only area of the Website (“the Extranet”), the Administrator agrees to be bound by these terms and conditions of use and will make each account-holder aware of his or her obligations under these terms and conditions of use

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