Terms and Conditions
THIS WEBSITE IS OWNED AND OPERATED BY RateMyMedicine.com.au (“RMM”, “WE” AND “US”).
These Terms and Conditions of Use govern the relationship between you, this website visitor and/or member (“you”) and ratemymedicine.com.au with respect to your use of this website and its related Services. You agree that the agreement formed by these Terms and Conditions of Use is like any written negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms. You represent and warrant that you have all necessary right, power and authority to enter into these Terms and Conditions of Use and to perform and otherwise discharge all of your obligations hereunder.
You understand that aspects of this website and the Services may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use this website and receive the Services in your jurisdiction.
We reserve the right at any time to change:
(i) the terms and conditions of these Terms and Conditions of Use;
(ii) this website or the Services, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through this website or the Services or the hours that they are available; and
(iii) the equipment, hardware, or software required to use and access this website or the Services.
You may not interfere with the security of, or otherwise abuse this website, the services, or any system resources, services, or networks connected to or accessible through this website or the services. You may only use this website and the services for lawful purposes.
Should you choose to post any content or other material on our website, you understand that such material (including, for example, your name and/or your user ID) may become public.
You acknowledge and agree that access to and use of this website and the Services is provided via the internet and that your information, including personal information, may be transferred across national borders and stored or processed in any country in the world.
You agree at all times to:
(i) provide accurate, current, and complete information about yourself as prompted by our registration form or otherwise; and
(ii) maintain and update your information (including your e-mail address) to keep it accurate, current, and complete.
You must not choose a username that infringes the rights of any third party, impersonates any RMM employee, other users, celebrity, or anyone with considerable fame, which is deliberately confusing or which is offensive, racist, obscene, hurtful, unlawful, or otherwise inappropriate or which breaches the username requirements specified in our Code of Conduct noted below. You agree that you will not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions. You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any username at any time and for any reason at our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer your right to use or access this website or the services via your username or password to any third person.
You are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities (including purchases and charges, as applicable) that are conducted through your account.
You may not use the account, username, or password of anyone else at any time. You agree to notify us immediately of any unauthorised use, theft or misappropriation of your account, username, or password. We shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge.
We hereby disclaim any and all responsibility or liability for any unauthorised use of your account.
This website may allow you to purchase Products (such as tickets to our events) from time to time. Please note that advertisements on this website for Products are invitations to you to make offers to purchase Products and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the Products referenced in your order. Your order for a Product will be deemed to be accepted only if and when we send a shipping notice email to your email address. That shipping notice email constitutes our acceptance of your order.
Some situations may result in your order for Product(s) being canceled. These include, but are not limited to: limitations on the quantities of any Products available for purchase; inaccuracies or errors in Product or pricing information; Product restrictions mandated by local, provincial, national, or international regulations; and problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order.
For the avoidance of doubt, we reserve the right, at our sole discretion, to limit quantities available for sale or sold, and the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to the credit card you used to make the purchase in the amount of the charge.
Although we will attempt to provide you with the most accurate information regarding the Products, pricing, or typographical errors that may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or Product information, we reserve the right to correct or cancel an order at any time, and/or edit an order to reflect the correction, and/or correct the error on this website.
Subject to applicable laws, we may amend this website, the Products listed on this website, and/or the amounts that we charge for same at any time, without prior notice.
5. REFER A FRIEND PROGRAM
RMM may offer and/or implement a refer a friend program, at their sole discretion, from time to time (“Refer A Friend Program”).
The prices displayed on this website are quoted in Australian dollars.
Fees for any Products do not include any applicable sales, use, excise, value-added or other taxes or governmental charges, and you shall be responsible for, and shall promptly pay, same. Unless stated otherwise, note that the price of any Products on our website does not include shipping and handling or any applicable sales, use, excise, value-added, or other taxes or duties. You are responsible for the payment of the same.
Where you elect to purchase any Products, you agree to pay, through the payment mechanism selected by you and approved by us, all amounts due and owing for such services as more particularly set out in the order confirmation provided at the time that you ordered such services. Under no circumstances will we be responsible: (i) for any charges that your credit card issuer may apply to you as a result of our processing your order; (ii) if your card issuer refuses or fails to authorise payment by you; or (iii) for any delays or non-delivery of the item that you attempted to purchase arising from any validation checks that may be carried out regarding your payment or identification.
No refunds are available under any circumstances for any Products purchased.
7. PERSONAL USE ONLY
Unless we expressly consent otherwise, this website and the services are only for personal use (not for commercial purposes).
8. CODE OF CONDUCT
You are solely responsible for the content of any communications by you with third parties, including any communications about, concerning, or through this website or the services. Rate My medicine does not condone or allow unsolicited commercial electronic communications (i.e. spam). You agree that you will not use this website or the services to send unsolicited commercial or other electronic messages to RMM or any other users.
While using this website or the services you agree to comply with all applicable laws, rules, and regulations (including, but not limited to, export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander or defamation). We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of this website and the services. In addition, and without limiting the foregoing, you agree not to:
- post anything that (a) is defamatory, abusive, harassing, threatening or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
- post anything that is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, harassment, theft, or conspiracy to commit any criminal activity;
- post anything that infringes or violates any right of a third party including (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) rights of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) personality or publicity; or (c) any confidentiality obligation;
- post anything that (a) does not generally pertain to the designated topic or theme of this website or the services; (b) violates any specific restrictions applicable to this website or the services, including age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including anything that can be construed as “spamming”, “flooding”, or “trolling”, as those terms are commonly understood and used on the internet;
- post anything that: (a) expresses or implies that any statements you make or actions you take are endorsed by us; (b) impersonate another person (including celebrities); (c) indicate that you are an RMM employee, representative of RMM; or (d) attempt to mislead users by indicating that you represent Rate My Medicine or any of its partners or affiliates;
- post anything that is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
- post, submit, or upload anything, including receipts and reviews that are in contravention of these terms and conditions;
- post anything that contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Service or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Service;
- download, copy, reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the content or information contained in this website or the services, except as expressly authorised by us in writing;
use tools which hack or alter this website, the services or that allow you to connect to this website’s or the services’ private binary interface or utilize user or other interfaces other than those provided by us to you;
- attempt to obtain a password or other private account information from any other user of this website or the services; or
create multiple accounts for any purpose including for the purpose of sale or transfer to others, transfer your account to others, park your account or those of others, or use another person’s account with RMM.
You further agree not to:
- copy, mirror, or frame any part of the website without our express prior written consent; and
- use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the website, without our express prior written consent.
- use our website or the services, or lodge complaints against other users, to facilitate a personal dispute.
If you have reason to believe that another person is using the website or our services in a way that is harmful to you (e.g., to impersonate or imitate you, or to stalk, bully, threaten, intimidate, or otherwise harass you), we urge you to contact your local authorities, or appropriate municipal, provincial, state or federal agencies.
We normally do not pre-screen any communications, content, or other materials before it is posted, uploaded, transmitted, sent, or otherwise made available on this website or through the services by users, so you may be exposed to certain communications, content, or other materials that is opinionated, offensive, and/or inappropriate, including content that violates the Agreement.
We have the right, but not the obligation, to delete any communications, content, or other materials on this website at any time without notice or liability to you.
You agree that RMM or its representatives may access your account and all information and any records related thereto on a case-by-case basis to investigate complaints or allegations of:
(ii) infringement of third party rights; or
(iii) any unauthorised use of this website or the services.
Rate My Medicine does not intend to disclose the existence or occurrence of such an investigation unless required by law or if requested by law enforcement officials.
While we attempt to keep downtime to a minimum, we cannot promise that this website or the services will be uninterrupted, secure, or error-free. We reserve the right to interrupt/suspend this website or the services, or any part thereof, with or without prior notice for any reason and you shall not be entitled to any refunds of fees for interruption of this website or the services.
- ACCESS TO THE INTERNET
You are solely responsible for obtaining and maintaining all internet, computer hardware, and other equipment needed to access and use this website and the services, and you shall be solely responsible for all charges and fees related thereto.
- CURRENCY OF WEBSITE
RMM updates the information on this website and the services periodically. However, RMM cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this website and the services. RMM may revise, supplement or delete information, services and/or the resources contained in this site and the services and reserves the right to make such changes without prior notification to past, current or prospective visitors.
- LINKED WEBSITES
This website or the services may provide links to third-party websites for your convenience only. The inclusion of these links does not imply that RMM monitors or endorses these websites. RMM does not accept any responsibility for such websites. RMM shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods, or services available on or through any third-party websites or linked resources.
- INTERNET SOFTWARE OR COMPUTER VIRUSES
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this website or the services. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this website or the services.
RMM shall not be responsible or liable for any software, computer viruses, or other destructive, harmful, or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this website or the services or your downloading of any of user materials or other content from this website. RMM recommends that you install appropriate anti-virus or other protective software.
- OUR MATERIALS
RMM may make certain communications, content, software, or other materials (including, for example, all files, text, URLs, video, audio, and images contained in or generated by such materials, and accompanying data) (collectively, the “RMM Materials”) available to you from this website or the services, from time to time.
If you download or use the RMM Materials, you agree that such materials: (i) may only be used for your personal and non-commercial use; (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without RMM’s prior written permission; and (iii) shall only be used in compliance with any additional license terms accompanying such RMM Materials. RMM does not transfer either the title or the intellectual property rights to the RMM Materials to you and retains full and complete title to the RMM Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the RMM Materials. You further agree not to decompile, reverse-engineer, or disassemble any RMM Materials. RMM or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.
This website (including its organization and presentation and RMM Materials) is the property of RMM and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights.
- YOUR MATERIALS
By posting, downloading, submitting, displaying, performing, transmitting, or otherwise distributing any registration data, communications, content, or other materials on or to this website or through the services by you or at your direction (“User Materials”), you hereby assign all right, title and interest in and to such User Materials to RMM. You also hereby waive all moral rights that you may have in such User Materials and grant to RMM (and our agents) a non-exclusive, royalty-free licence (with the right to sub-licence) to use, copy, modify, transmit, display, and distribute such data and User Materials and to use such data and User Materials to create pattern data as defined below. No additional consideration will be provided to you for your User Materials. You agree that, unless you advise otherwise, RMM may publish or otherwise disclose your name or username in connection with your User Materials.
We may also anonymize (or otherwise de-identify) your User Materials. By posting User Materials on this website or the services, you represent and warrant that you own the rights to the User Materials or are otherwise authorised to post, distribute, display, perform, transmit, or otherwise distribute User Materials and that such User Materials do not violate any applicable laws. You agree that the burden of proving that any User Materials do not violate any laws or third-party rights rests solely with you. RMM will not be responsible or liable for any use of the data or User Materials in accordance with these Terms. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any User Materials you submit.
“Pattern Data” means non-personally identifiable information, data and reported derived from or compiled through the website and services and through use of the website and services, including but not limited to demographic data, location data, and trend data such as aggregated data and statistics indicating the frequency of use and popularity of the services and website. For greater certainty, Pattern Data is data that does not identify a specific individual. Pattern Data is owned exclusively by RMM.
You are solely responsible for your User Materials. You are solely responsible for making and keeping backup copies of your User Materials and for applying the appropriate level of access rights to the same. RMM shall not be responsible or liable for the deletion or accuracy of any user materials, the failure to store, transmit, encrypt (or otherwise secure) or receive any user materials, or the storage, transmission, encryption (or other security), or receipt of any other communication involving the use of this website or the services.
- WEBSITE, SERVICES AND MATERIALS PROVIDED “AS IS”
This website, the products, the services, and all of the information and other materials available on this website (collectively, “Materials”) are provided “As is”, “Where is”, and “With all faults”, without representation, warranty or condition of any kind, either express or implied, including, but not limited to, the implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. Rmm does not represent or warrant that this website, the services, or the materials will meet your requirements or that their use will be uninterrupted or error-free.
The services and all materials contained on this website are for informational purposes only and are not meant to be a substitute for the advice provided by your own physician or other advisors.
- LIMITATION OF LIABILITY
You assume all responsibility and risk for use of this website, the products, the services, and the materials, including without limitation any of the information contained therein.
(ii) five ($5.00) dollars AUD.
Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
- TERM & TERMINATION
We reserve the right to suspend your account and/or your access to this website and/or the services immediately, with or without notice to you, and without liability to you, if RMM, in its sole discretion, believes that:
any information provided by you is untrue, inaccurate, not current or incomplete; or
you, or any other parties, are obtaining unauthorised access to our website, or any other systems or information of RMM.
These suspensions will be for such periods of time as RMM may reasonably determine is necessary to permit the thorough investigation of such suspended activity.
- YOUR FEEDBACK
Feel free to e-mail your feedback, suggestions, and feedback (“Comments”) to RMM at the e-mail addresses provided on this website or the services. However, the Internet is not a fully secure medium and any communication may be lost, intercepted, or altered. RMM is not liable for any damages related to communications to or from this website or the services.
You agree with respect to any Comments provided by you to us, via e-mail or otherwise, that: (i) RMM has no obligation concerning such Comments; (ii) such Comments are non-confidential; (iii) RMM may use, disclose, distribute or copy such Comments and may use any ideas, concepts or know-how contained in such Comments for any purpose and without restriction or obligation to you; and (iv) such Comments are truthful and do not violate the legal rights of others.
- CLASS ACTION WAIVER
To the extent permitted by applicable law, any dispute resolution proceedings will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative, or private attorney general legal action. Your access and continued use of the service signifies your explicit consent to this waiver.
These Terms and Conditions were last updated on April 26, 2021.