Terms and Conditions of Use

mcinfo.com Terms and Conditions of Use

Last updated May 27th, 2021

TERMS OF USE

1 Application of Terms

1.1 These Terms apply to your use of the Website. By accessing and using the Website:

(a) you agree to these Terms; and

(b) where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.

1.2 If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.

2 Changes

2.1 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.

2.2 We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.

2.3 These Terms were last updated on June 11th, 2019

3 Definitions

In these Terms:

includingand similar words do not imply any limit.

Lossincludes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis.

Medical practitioner means as defined in Section 5(1) of the Health Practitioners Competence Assurance Act 2003 which defines the term “health practitioner” as a person who is, or is deemed to be, registered with an authority as a practitioner of a particular health profession” and the term “medical practitioner’ is defined as “a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand … as a practitioner of the profession of medicine.”

personal information means information about an identifiable, living person.

Termsmeans these terms and conditions titled Terms of Use.

Underlying Systemmeans any network, system, software, data or material that underlies or is connected to the Website.

User IDmeans a unique name and/or password allocated to you to allow you to access certain parts of the Website.

We, us or ourmeans DATAPHARM Ltd and its subsidiaries ("mcinfo.com").

Website means cbdinfo.co.nz.

Youmeans you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.

4 Your Obligations

You agree to use the Website in a manner that complies with all applicable laws and regulations and that does not infringe our rights, nor the rights of anyone else, nor restricts or inhibits their use and enjoyment of the Website.

4.1 You must provide true, current and complete information in your dealings with us (including when setting up an account)

(a) You must be a medical practitioner to sign-up for an account under the For Prescribers section of the site.

(b) If you are a medical practitioner and sign up for an account you must promptly update that information as required so that the information remains true, current and complete. You can view and update your information at any time by clicking on Your Profile.

4.2 If you are given a User ID, you must keep your User ID secure and:

(a) not permit any other person to use your User ID, including not disclosing or providing it to any other person; and

(b) immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to support@datapharm.co.nz

4.3 You must:

(a) not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises , or may compromise, the Website or any Underlying System , or otherwise attempt to damage or interfere with the Website or any Underlying System ; and

(b) unless with our agreement, access the Website via standard web browsers only and not by any other method . Other methods include scraping, deep - linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.

4.4 You may create a hyperlink to the Website from another website. However, this link must not be presented in any way that implies that the Website has an association with the other site, or endorses that site or the products available on or through that site.  Neither our name, nor any of our logos may be used on any other site without our written consent.  If you create a hyperlink text to the Website, you are responsible for all direct and indirect consequences of the link.

4.5 Publication of email addresses on the Website should not be taken as deemed consent to receiving unsolicited email.  Persons or organisations wishing to send email material to individuals or organisations whose email addresses appear on the Website must comply with the requirements of the Unsolicited Electronic Messages Act 2007.

4.6 Without limiting any other rights and remedies available to us, if we believe you have breached or are in breach of these Terms of Use, we may:

(a) limit your activities on the Website;

(b) warn other users of your actions;

(c) issue a warning to you;

(d) suspend or cancel your access to the Website;

(e) co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any content in breach of these Terms of Use.

4.7 You agree to indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these Terms of Use, your failure to complete a transaction, your use of the website's message boards, or arising out of any content or item you submit, post, upload, transmit, link to or make available.

5 Medicinal Cannabinoid Products

5.1 Currently all CBD and almost all THC containing products in New Zealand are unapproved medicines. The Medicines Act 1981 permits an authorised prescriber to prescribe these products for their patients but they cannot legally be promoted. 

5.2 Information can be supplied only in response to requests for information from medical practitioners in order that they can satisfy their need to seek to be adequately informed before assisting their patient to obtain supplies of the medicine.

5.3 If you are a medical practitioner you acknowledge that when you click on website elements that link to prescriber information you are requesting and mcinfo.com is responding to a product specific query in order for you to be fully informed to assist your patient and help satisfy your obligations under 5.2.

6 Intellectual Property

We (and our licensors or suppliers, as may be the case ) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel ), and the Underlying Systems.

7 Disclaimers

7.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:

(a) the Website being unavailable (in whole or in part) or performing slowly;

(b) any error in, or omission from, any information made available through the Website;

(c) any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website . To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and

(d) any site linked from the Website. Any link on th e Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.

7.2 We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.

8. Reasonable care

We will use reasonable endeavours to ensure:

(a) the availability of the Website subject to any downtime for maintenance; and

(b) the information and functions on the Website are reliable, up-to-date, complete and accurate at the time of publishing.

9 Liability

9.1 To the maximum extent permitted by law:

(a) you access and use the Website at your own risk; and

(b) we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

9.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent  our liability cannot be excluded but can be limited, our liability is limited to NZD100.

9.3 To the maximum extent permitted by law and only to the extent clauses 9.1 and 9.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD 100.

10 Privacy Policy

DataPharm Limited (NZBN 9429046421388) and its subsidiaries (“mcinfo.com”) are committed to responsible privacy practices and to complying with the Privacy Principles contained in the Privacy Act 1993 (“Privacy Act”).

Our Privacy Policy sets out our policies on the management of personal information including how we collect personal information, the purposes for which we use this information, and to whom this information is disclosed. We may change our Privacy Policy from time to time at our discretion. At any time, the latest version of our Privacy Policy is available from our website at mcinfo.com/privacy.

11 Suspension and Termination

11.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).

11.2 On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.

12 General

12.1 If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.

12.2 These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.

12.3 For us to waive a right under these Terms, the waiver must be in writing.

12.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.7, 6, 7, 9, 12.1, continue in force.

12.5 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.

12.6 These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.