These Terms and Conditions govern your use of, and access to, the Medicines Access Portal (MAP). The MAP is owned and managed by Rare Cancers Australia Ltd ABN 24 159 196 997 ("RCA", "us" or "we").

The information and data in the MAP are intended solely for Australian Health Practitioner Regulation Agency (AHPRA)-registered medical practitioners.

The MAP was created using a grant provided by Medicines Australia through the Oncology Industry Taskforce. Medicines Australia has no ongoing interest in or liability in respect of MAP, including its upkeep, maintenance, and management. All information provided by pharmaceutical companies in relation to medicines access programs is done so voluntarily.

Acceptance of Terms

In registering to access the MAP and by creating a user profile through which to access the MAP ("User Profile"), all users (including clinicians and Industry representatives) are required to have read and agreed to accept the Disclaimer, Privacy Policy and these Terms and Conditions.

Privacy

The MAP Privacy Policy outlines how RCA will protect personal information received in connection with the MAP. This Policy applies to all personal information collected, stored, used and disclosed by RCA in connection with the MAP.

Information

The information in the MAP regarding Medicines Access Programs is the responsibility of and has been entered by each participating Pharmaceutical Company. RCA (or any party associated with RCA and/or the development of the MAP) does not warrant or represent that the information is accurate, current, free from errors or omissions.

Uploading, updating, and otherwise amending or removing information about a medicine access program remains the sole responsibility of the approved company representative tasked with adding the information about that program to the MAP. Each pharmaceutical company retains the right to choose how and when they engage/interact with the MAP, who is authorised to utilise the MAP on behalf of the company to share information about the company’s medicines access programs, and which programs they choose to add to the MAP. Each pharmaceutical company remains solely responsible for ensuring internal policies and guidelines that direct use of the MAP are established and adhered to by their authorised company representatives. It is also the company’s responsibility to advise the MAP Administrator if a company representative is no longer authorised to access the MAP, and to request their removal from the system.

RCA, as the MAP Administrator, is not liable for any information provided to the MAP by pharmaceutical companies. It is the sole responsibility of the approved company representative to ensure the information provided regarding company’s medicines access programs are not in breach of Section 22 of the Therapeutic Goods Act, the Medicines Australia ‘Code of Conduct’, and any other relevant regulations.

The use of the information contained in the MAP is at the sole risk and based on the clinical discretion of qualified members of the Australian medical oncology and haematology professions as noted above. Clinicians using the information and data are responsible for ensuring by independent verification, its accuracy, currency or completeness. Clinicians who choose to utilise the MAP are advised to contact the approved company representative if they wish to raise any concerns about information about any medicine access program a company has shared via the MAP.

The information provided should not be regarded as a substitute for detailed expert advice on individual patients or clinical cases. RCA will accept no responsibility for any loss, claim or damage suffered or caused by any person acting or refraining from action as a result of any material in the MAP.

Your Responsibilities upon Creating a User Profile and When Using the MAP

When you create a User Profile with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms and Conditions, which may result in immediate termination of your profile on the MAP.

You are responsible for safeguarding the password that you use to access the MAP and for any activities or actions under your password, whether your password is with the MAP or a third-party service.

You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your profile or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your User Profile.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.

You agree not to disclose the information contained within, or posted on, the MAP, except for the express purpose of contacting a pharmaceutical company to apply for access to a medicines access program. You will not use it for commercial gain or corporate espionage. Registered healthcare professionals who are employed by a pharmaceutical company will have access restricted to information posted by their employer.

You agree that you will not attempt to elude any security systems in place on the MAP, or use the MAP in any manner that may adversely affect the functionality of the MAP, the MAP's availability to other users, or the rights of other users of the MAP.

Please contact us as soon as practicably possible when your information changes by emailing the MAP Administrator.

Intellectual Property

Information presented in the MAP is the copyright of RCA and the participating Pharmaceutical Companies. We reserve all rights in this MAP and its content not expressly granted to you under these Terms. Except as permitted by non-excludable applicable law, no part of this information presented in the MAP may be reproduced, copied, published, distributed, displayed, modified, derived from in the creation of works, or exploited in any way, in whole or part, and in any form or by any means, without our prior written permission (excluding such conduct as expressly permitted under these Terms and Conditions). For the avoidance of doubt, you must not modify or share physical or digital copies of any content you print off or download in any way.

The MAP and its original content (excluding content provided by users), features and functionality are and will remain the exclusive property of RCA. The MAP is protected by copyright, trademark, and other laws of both Australia and foreign countries. Our trademarks, logos and branding may not be used in connection with any product or service without the prior written consent of RCA. Nothing in these Terms and Conditions constitutes a transfer of any Intellectual Property rights from us to you.

You are permitted to use the MAP only as authorised by us. As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the MAP to create, display, use, play, and access, and/or download content subject to these Terms.

Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us into disrepute.

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users are those of the respective authors or contributors and not of us. If you provide any comments or feedback to use regarding the MAP that we then adopt, these are deemed to automatically become our sole and exclusive property free from any obligation of confidentiality to you.

Termination

We may terminate or suspend your User Profile immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the MAP will immediately cease. If you wish to terminate your User Profile, you may simply discontinue using the MAP.

Indemnification

As a condition of your access to and use of the MAP, you agree to indemnify RCA (including our directors, officers, volunteers, agents, employees, licensors and partners) and our successors and assigns against all claims actions, proceedings, losses, damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to or in connection with any claim arising out of or related to your access to and use of the MAP or your breach of these Terms and Conditions and any applicable law or the rights (including any intellectual property rights) of another person or party.

This indemnification section survives the expiration of your registration and applies to claims arising both before and after the User Profile was established and terminated.

Limitation of Liability

You agree that we shall not be liable for any damages or loss suffered as a result of, or in connection with, you using the MAP, copying, distributing, or downloading content from the MAP. In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) or loss however it arises, whether for breach of contract or in tort (including negligence or otherwise), even if it has been previously advised of the possibility of such damages or loss.

You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the MAP and will not make a claim against us for lost data, re- run time, inaccurate instruction, work delays or lost profits resulting from the use of the MAP. You must not assign or otherwise dispose of your account to any other person.

You have sole responsibility for keeping your account login credentials secure. We cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and login credentials.

Disclaimer

Your use of the MAP is at your sole risk. The MAP is provided on an "AS IS" and "AS AVAILABLE" basis. The MAP is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties or guarantees of merchantability, acceptable quality, fitness for a particular purpose, non-infringement or course of performance.

RCA and their subsidiaries, affiliates, and its licensors do not warrant that a) the MAP will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the MAP is free of viruses or other harmful components; or d) the results of using the MAP will meet your requirements.

This disclaimer of liability applies to any damages, loss or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorised access or, alteration of or use of record in connection with the use or operation of the MAP, whether for breach of contract, tortious behaviour, negligence or any other cause of action.

We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the MAP for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We exclude any warranty representation or guarantee (whether express or implied by or arising under statute, common law, equity, trade custom or usage, or otherwise) as to the effectiveness of the MAP or that the operation of the MAP will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the MAP.

Governing Law

These Terms and Conditions shall be governed and construed in accordance with the laws of New South Wales, Australia.

Severability

If any part of these Terms or Conditions (or other documents that are incorporated by reference) is or becomes void, invalid or otherwise unenforceable, it will not affect the validity and enforceability of the remaining provisions.

Changes

RCA reserves the right to modify these Terms and Conditions at any time by posting changes on this page. You can determine when these Terms and Conditions were last revised by referring to the "Last Updated" legend at the bottom of these Terms and Conditions. It is your sole responsibility and you are expected to periodically check these Terms and Conditions for any changes. If you do not agree with any of the changes to these Terms and Conditions, it is your sole responsibility to stop using the MAP. You understand and agree that your subsequent or continued access to or use of the MAP after any posted modification to these Terms constitutes your acceptance or that modifications, even if you did not take the time to read that modification. Your continued use of the MAP will be deemed as your acceptance thereof.

If you have any questions regarding these Terms and Conditions please contact the MAP Administrator.

Terms and Conditions approved by RCA, effective 1 March 2021.

Last Updated March 29, 2022.