Set out below are the terms and conditions for the mobile application and website operated by ScalaMed (USA), Inc. By accessing, creating an account with or using our mobile application or website, you agree to these terms and conditions. If you do not wish to agree to these terms and conditions, you must not access, create an account with, or otherwise use our mobile application or website.
The Site DOES NOT OFFER MEDICAL ADVICE OR MEDICAL SERVICES. If this is an emergency, call 911 or visit a hospital emergency room immediately.
1. About the Platform
1.1. Welcome to the ScalaMed mobile application (the ‘App’) and www.ScalaMed.com (together the ‘Platform’), which facilitates interactions between patients, healthcare professionals and pharmacists, making it easier for patients to manage and fill their prescriptions in a fast and secure manner (the ‘Services’).
1.3. ScalaMed reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change
1.4. ScalaMed does not operate a medical practice, nor does it operate a pharmacy. It only operates the Platform, which acts only as a venue for healthcare professionals, patients and pharmacists to interact. We do not become a party to the contractual or professional relationship that is formed between you as a patient and the pharmacist who fills your prescription or the relationship between you and your healthcare professional who prescribes your medication. Neither ScalaMed nor its affiliates guarantee that any site users will elect to share information with you. The site user, and not ScalaMed or its affiliates, determines whether to share any information and, if so, which information. ScalaMed and its affiliates do not directly or indirectly practice medicine or any other licensed profession, and they do not interfere with the practice of medicine or any other licensed profession by healthcare providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. These Terms do not establish any medical professional/patient relationship with ScalaMed or its affiliates. Neither ScalaMed, its affiliates nor any third parties who promote ScalaMed’s services shall be liable for any treatment or professional advice provided via the Site. YOU AGREE THAT SCALAMED AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND BUSINESS PARTNERS ARE NOT RESPONSIBLE FOR THE RESULTS OF YOUR DECISIONS RESULTING FROM THE USE OF THE SITE OR THE INFORMATION CONTAINED IN THE SITE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. SCALAMED PROVIDES THE SITE “AS IS,” AND SCALAMED AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES.
2. Acceptance of the Terms
You accept the Terms by registering to become a member of the Platform. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by ScalaMed in the user interface.
3. Account Registration
3.1. In order to access the Platform, you are required to register for an account with us (the ‘Account’).
3.2. As part of the registration process, or as part of your continued use of the Platform, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) an email address;
(b) preferred username;
(c) a mailing address;
(d) a telephone number; and
(e) Your Medicare number
(f) Your Private Insurance number as appropriate
(g) Your date of birth.
3.3. You warrant that any information you give to us in the course of completing the registration process will always be accurate, correct and up to date.
3.4. Once you have completed the registration process, you will be a registered member of the Platform (‘Member’) and agree to be bound by the Terms.
3.5. You may not use the Platform and may not accept these Terms if:
(a) you are not of legal age to form a binding contract with ScalaMed; or
(b) you are a person barred from receiving the Services under the laws of any countries including the country in which you are resident or from which you use the Services.
4. Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
(a) you will not share your profile and login details with any other person who is not your direct carer or an immediate family member;
(b) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify ScalaMed via email at support@ScalaMed.com or via contact us section on the App of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) you must not expressly or impliedly impersonate another Member or individual or use the profile or password of another Member at any time.
(f) you may not sign up with two different names to the platform
(g) any content that you broadcast, publish, upload, transmit, post or distribute on the Platform (‘Your Content’) will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.
(h) access and use of the Platform is limited, non-transferable and allows for the sole use of the Platform by you for the purposes of providing the Services;
(i) you will not use the Services or the Platform in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of ScalaMed;
(j) you will not use the Services or Platform for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Platform;
(k) you agree not to engage in any activity that directly or indirectly interferes or upsets the operation of the Platform or the Purchase Services (or the servers and networks which are connected to the Platform) or use the Platform in a manner that adversely affects the availability of its resources to others; and
(l) you acknowledge and agree that any automated use of the Platform or its Services is prohibited.
5.1. It is currently free for patients to become a member or use the Services offered by the Platform.
5.2. ScalaMed may introduce fees for new services that are introduced or offered by it from time to time. Where fees are introduced, these will be disclosed to you at the point of sale and you will be provided with an opportunity to accept or decline the services offered.
6. Copyright and Intellectual Property
6.1. You retain ownership of the data you input into the Platform. The Platform and the material on the Platform, other than your data, are protected by copyright under the laws of Texas, USA and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Platform (including but not limited to text, graphics, logos, button icons, video images, audio clips, Platform, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by ScalaMed or its contributors.
6.2. All trademarks, service marks and trade names are owned, registered and/or licensed by ScalaMed, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Platform pursuant to the Terms and Apple’s App Store Terms of Service; and
(b) copy and store the Platform and the material contained in the Platform in your device’s cache memory; and
(c) print pages from the Platform for your own personal and non-commercial use.
6.3. ScalaMed does not grant you any other rights whatsoever in relation to the Platform or the Services. All other rights are expressly reserved by ScalaMed.
6.4. ScalaMed retains all rights, title and interest in and to the Platform and all related Services. Nothing you do on or in relation to the Platform will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
6.5 You understand that you are solely responsible for your data, however submitted. You agree that your data does not contain any content that: libels, defames, invades or violates the privacy of another person, or is indecent, obscene, pornographic, abusive, or threatening (in ScalaMed’s sole discretion); infringes any intellectual property right of any entity or person, including, but not limited to, violating copyrights or trademarks or any right of publicity, or otherwise violates any law. ScalaMed and its affiliates assume no, and you assume all, responsibility or liability arising from or related to any data submitted to or posted to the Platform, including responsibility or liability for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information you submit to or post to the Platform. Neither ScalaMed nor any of its affiliates have any obligation to monitor the Platform or any data made available via the Platform. However, you acknowledge and agree that ScalaMed and its affiliates haves the right to monitor the Platform and data you provide and the right (but not the obligation) to delete, edit, move, or disable any such data in whole or in part subject to ScalaMed and its affiliate’s’ sole discretion. ScalaMed reserves the right to suspend or terminate your access to the Platform at any time. UNDER NO CIRCUMSTANCES WILL SCALAMED OR ITS AFFILIATES BE LIABLE IN ANY WAY FOR ANY DATA, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN YOUR USER CONTENT, ANY LOSS OF YOUR DATA OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR DATA.
6.6 You may not, without the prior written permission of ScalaMed and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Platform which are freely available for re-use or are in the public domain. You may, however, freely share your data.
6.7 If you believe that any of the Materials infringe on any of your intellectual property rights, please contact ABC immediately at the address provided below. Except as expressly provided herein, ABC and the third parties reserve all rights with respect to the Materials, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations, including but not limited to the right to terminate accounts of any user who has infringed a third party’s copyright [three] times. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to ABC’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Pursuant to Title 17, U.S. Code, Section 512(c)(2), written notification must be submitted to the following Designated Agent:
Service Provider(s): ____________________________________
Name of Agent Designated to Receive Notification of Claimed Infringement: ________________________________________________
Full Address of Designated Agent to Which Notification Should be Sent: _________________________________________________
Telephone Number of Designated Agent: _____________________________________________
Facsimile Number of Designated Agent: ______________________________________________
Email Address of Designated Agent: ________________________________________________
To be effective, the Notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. Your Data
7.1. ScalaMed uses blockchain technology. This means that the data you enter into the Platform is never deleted. However, if you terminate your account your profile will be deleted and the data contained in the blockchain for that account will become inaccessible.
8. App Specific Terms
8.1. This clause 8 applies to the App.
8.2. By downloading and/or using the App, you agree that you have entered into an agreement with us, and not with Apple or Google. We are solely responsible for any product warranties, if any, pertaining to the App, whether express or implied by law, to the extent they are not otherwise effectively disclaimed in these Terms and Conditions.
8.3. By downloading the App from the App Store or from Google Play, ScalaMed grants you a non-transferable license to use the App on any iPhone, iPod touch or other relevant device that you own or control as permitted by the usage rules of the Google Play Store, the App Store, the App Store terms of service and the Google Play Store terms of service.
8.4. The parties, namely You and ScalaMed, acknowledge that neither Apple nor Google have any obligation whatsoever to furnish any maintenance or support services with respect to the App.
8.5. In the event of any failure of the App to conform to any applicable warranty and where the warranty relates to your use of a version of the App downloaded through the App Store You may notify Apple, and Apple will refund the purchase price for the App to you (if any); and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the app to conform to any warranty, if any, will be our sole responsibility.
8.6. The parties acknowledge that ScalaMed, and not Apple or Google, is responsible for addressing any of your claims relating to the App or your possession and/or operation of the App, including, but not limited to: (i) product liability claims made in respect of the App; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation in respect of the App.
8.7. The parties acknowledge that ScalaMed, and not Apple or Google, is responsible for any claim that the App infringes any third party intellectual property rights and that ScalaMed, and not Apple or Google, will be solely responsible for the investigation, defence, settlement or discharge of any intellectual property infringement claim.
8.8. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
8.9. The parties each acknowledge and agree that Apple and Google, and Apple’s and Google’s respective subsidiaries, are third party beneficiaries of this Agreement, and that Apple and Google will each have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary of these Terms and Conditions.
8.10. Apple and App Store are trademarks of Apple Inc., registered in the U.S. and other countries. Google and Google Play are trademarks of Google Inc.
8.11. For the avoidance of doubt, the parties state that nothing in this clause is intended to limit, exclude or modify any other provision of these Terms and Conditions.
9. Third party Websites
9.1. This Platform may contain links to other web sites controlled by third parties (Third Party Websites).
9.2. ScalaMed is not responsible for the content or privacy practices of Third Party Websites.
9.3. We have provided some links to Third Party Websites to enable you to find important medical information about prescription medications, such as instructions for use and side effects. The Third Party Websites are provided solely for Your convenience and do not constitute, expressly or impliedly, an endorsement by ScalaMed of the third party or the products or services provided by the third party or any affiliation between ScalaMed and the third party.
9.4. You access Third Party Websites and/or use those Third Party Website’s products and services solely at Your own risk and should make Your own enquiries before relying on any content contained in such Third Party Websites.
10.1. Cookies are small pieces of information that Your browser stores on Your computer hard drive.
10.3. If You disable cookies on Your web browser, You may not be able to fully experience all features of the Platform.
12. General Disclaimer
12.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
12.2. SUBJECT TO THIS CLAUSE, AND TO THE EXTENT PERMITTED BY LAW:
(a) ALL TERMS, GUARANTEES, WARRANTIES, REPRESENTATIONS OR CONDITIONS WHICH ARE NOT EXPRESSLY STATED IN THE TERMS ARE EXCLUDED; AND
(b) SCALAMED WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE (UNLESS SUCH LOSS OR DAMAGE IS REASONABLY FORESEEABLE RESULTING FROM OUR FAILURE TO MEET AN APPLICABLE CONSUMER GUARANTEE), LOSS OF PROFIT OR OPPORTUNITY, OR DAMAGE TO GOODWILL ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS (INCLUDING AS A RESULT OF NOT BEING ABLE TO USE THE SERVICES OR THE LATE SUPPLY OF THE SERVICES), WHETHER AT COMMON LAW, UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), IN EQUITY, PURSUANT TO STATUTE OR OTHERWISE.
12.3. USE OF THE PLATFORM AND THE SERVICES IS AT YOUR OWN RISK. EVERYTHING ON THE PLATFORM AND THE SERVICES IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND. NONE OF THE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRIBUTORS AND LICENSORS OF SCALAMED MAKE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY ABOUT THE SERVICES OR ANY PRODUCTS OR SERVICES (INCLUDING THE PRODUCTS OR SERVICES OF SCALAMED) REFERRED TO ON THE PLATFORM. THIS INCLUDES (BUT IS NOT RESTRICTED TO) LOSS OR DAMAGE YOU MIGHT SUFFER AS A RESULT OF ANY OF THE FOLLOWING:
(a) FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, FAILURE TO CORRECT DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR OTHER HARMFUL COMPONENT, LOSS OF DATA, COMMUNICATION LINE FAILURE, UNLAWFUL THIRD PARTY CONDUCT, OR THEFT, DESTRUCTION, ALTERATION OR UNAUTHORISED ACCESS TO RECORDS;
(b) THE ACCURACY, SUITABILITY OR CURRENCY OF ANY INFORMATION ON THE PLATFORM, THE SERVICES, OR ANY OF ITS SERVICES OR RELATED PRODUCTS (INCLUDING THIRD PARTY MATERIAL AND ADVERTISEMENTS ON THE PLATFORM);
(c) COSTS INCURRED AS A RESULT OF YOU USING THE PLATFORM, THE SERVICES OR ANY OF THE PRODUCTS OF SCALAMED; AND
(d) THE SERVICES OR OPERATION IN RESPECT TO LINKS WHICH ARE PROVIDED FOR YOUR CONVENIENCE.
12.4. YOU ACKNOWLEDGE THAT THE PLATFORM AND THE SERVICES ARE ONLY INTENDED TO FACILITATE THE INTERACTIONS BETWEEN PATIENTS, THEIR HEALTHCARE PROFESSIONALS AND PHARMACISTS AND THAT SCALAMED NOT OFFER ANY SERVICES OTHER THAN THE SERVICES AND SCALAMED HOLDS NO LIABILITY TO YOU AS A RESULT OF ANY CONDUCT OF YOUR HEALTHCARE PROFESSIONAL OR PHARMACIST OR THE MISUSE OF YOUR CONTENT BY ANY PARTY (INCLUDING YOUR HEALTHCARE PROFESSIONAL OR PHARMACIST).
13. LIMITATION OF LIABILITY
13.1. SCALAMED’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS, HOWEVER ARISING, INCLUDING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), IN EQUITY, UNDER STATUTE OR OTHERWISE, WILL NOT EXCEED THE RESUPPLY OF THE SERVICES TO YOU.
13.2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SCALAMED, ITS AFFILIATES, EMPLOYEES, AGENTS, CONTRIBUTORS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT IS NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION AND ANY OTHER INTANGIBLE LOSS.
13.3. YOU ACKNOWLEDGE AND AGREE THAT SCALAMED HOLDS NO LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU AS A RESULT OF THE ONLINE OR OFF-LINE CONDUCT OF A HEALTHCARE PROFESSIONAL OR PHARMACIST OR OF YOU PROVIDING YOUR CONTENT TO THE PLATFORM.
14. Termination of Contract
14.1. If you want to terminate the Terms, you may do so by notifying ScalaMed of your intention to terminate by sending notice of your intention to terminate to ScalaMed via the ‘Contact Us’ link on our homepage.
14.2. ScalaMed may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) ScalaMed is required to do so by law;
(c) ScalaMed is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the Platform; or
(d) the provision of the Services to you by ScalaMed is, in the opinion of ScalaMed, no longer commercially viable.
14.3. Subject to local applicable laws, ScalaMed reserves the right to discontinue or cancel your Membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Platform or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts ScalaMed’s name or reputation or violates the rights of those of another party.
14.4. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and ScalaMed have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely. Remember, ScalaMed uses blockchain technology. This means that the data you enter into the Platform is never deleted. However, if you terminate your account your profile will be deleted and the data contained in the blockchain for that account will become inaccessible.
You agree to indemnify ScalaMed, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Platform or attempts to do so; and/or
(c) any breach of the Terms.
16. Dispute Resolution
16.1. In the event of any dispute arising out of or in relation to the Platform, you agree that the exclusive venue for resolving any dispute shall be in the courts of Texas, USA.
16.2. However, it is a condition precedent to the right of either party to commence litigation other than for interlocutory relief that it has first offered to submit the dispute to mediation, which is to be conducted by a mediator who is independent of the parties and appointed by agreement of the parties or, failing agreement within 7 days of receiving any party’s notice of dispute, by a person appointed by the American Arbitration Association. The Resolution Institute Mediation Rules shall apply to the mediation.
17. Governing Law
The Terms are governed by the laws of Texas. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Texas, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not to be contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
18. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
For further information, or inquiries about this Agreement, please contact:
January 21, 2019