This End User Licence Agreement was last updated on 1 September 2025.
1.1.These terms and conditions (Terms) are entered into between Medication Pty Ltd t/as Evermed (ABN 54 651 641 342) (we, us or our) and you, together the Parties and each a Party.
1.2.We provide the Evermed Prescribe platform that enables electronic and paper prescription generation (Platform).
1.3.You are accessing the Platform as an authorised user of the account holder, the Healthcare Provider Organisation, who is our client (Account Holder). You may have an engagement with one or more Account Holders, each of which may approve your access to the Platform and allow you to use the Platform in connection with their subscription to our Platform.
1.4.If any of the Account Holder’s agreements with us are suspended or terminated for any reason, this may impact your access to the Platform.
2.1.By clicking on “I accept” (or similar button or checkbox) or by using or accessing the Platform, you accept these Terms.
2.2.We may amend these Terms at any time, by providing written notice to you. By accepting or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may cease accessing the Platform.
2.3.Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
2.4.When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:
(a)anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
(b)anything that would constitute a breach of any applicable law relevant to your use of the Platform;
(c)using the Platform to defame, harass, threaten, menace or offend any person, including using the Platform to send unsolicited electronic messages;
(d)tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);
(e)using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or
(f)facilitating or assisting a third party to do any of the above acts.
3.1.You may be required to register on the Platform to access the Platform’s features.
3.2.All personal information you provide to us will be treated in accordance with our Privacy Policy.
3.3.You agree not to share your login details with any other person. Your login is personal and you must not transfer or provide it to others.
3.4.You are responsible for keeping your login details and your username and password confidential and you will be liable for all activity via your login. You agree to immediately notify us of any unauthorised use of your login.
4.1.You may register for the Platform for different user categories, depending on your role with a Healthcare Provider Organisation. In particular, you may be registered as a Prescriber or a Non-Prescriber.
4.2.You will not be able to fully access or use the Platform until you have been approved by a Healthcare Provider Organisation.
4.3.You may be approved by multiple Healthcare Provider Organisations. Each approval is independent and you must comply with any requirements and policies applicable to each Healthcare Provider Organisation, whether supplied through the Platform or not.
4.4.Where you are registered on the Platform as a Prescriber, you may only undertake such prescribing once you are approved in this capacity by a Healthcare Provider Organisation and such Healthcare Provider Organisation has verified your prescribing authority in accordance with all applicable laws.
For all users
5.1.You represent, warrant and agree that:
(a)you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;
(b)there are no legal restrictions preventing you from entering into these Terms;
(c)all information and documentation that you provide to us in connection with these Terms is true, correct and complete; and
(d)you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms.
Where you access the Platform as a Prescriber
5.2.You represent and warrant that you:
(a)are an Individual Healthcare Provider with current registration with the Australian Health Practitioner Regulation Agency (AHPRA). You agree to provide proof of your qualifications and AHPRA registration upon request;
(b)have the legal right to prescribe scheduled medications under the Health Practitioner Regulation National Law Act 2009 (Cth) and all relevant state based regulations;
(c)hold and will maintain all the necessary licenses and registrations to prescribe medications in your jurisdiction;
(d)have completed mandatory electronic prescribing training;
(e)will comply with all applicable laws and regulations related to the prescribing of medications;
(f)will only prescribe medications via the Platform as part of authorised work for Healthcare Provider Organisations that have approved you;
(g)will not attempt to prescribe medications via the Platform if you do not have legal authority to do so;
(h)will comply with all clinical governance requirements of any Healthcare Provider Organisation that approves you; and
(i)will immediately notify us, and any Healthcare Provider Organisation that has approved you, if any applicable licenses or AHPRA registration is suspended, revoked, or otherwise changes status.
5.3.You agree to comply with all applicable laws, regulations, and industry standards related to the prescribing of medications including e-prescribing. This includes, but is not limited to, maintaining proper records, and following all relevant guidelines for controlled substances.
5.4.You acknowledge that even if our Platform enables prescribing functionality for you, you remain personally responsible for ensuring you have legal authority to prescribe.
6.1.You acknowledge that:
(a)your profile data (such as the details of your registrations and qualifications) belongs to you;
(b)all other data generated through your use of the Platform belongs to the relevant Healthcare Provider Organisation on whose behalf you are acting; and
(c)when acting for multiple Healthcare Provider Organisations, data is segregated and belongs to the respective organisation.
6.2.Healthcare Provider Organisations may revoke your approval independently. If approval is revoked:
(a)you will lose access to that Healthcare Provider Organisation's data and functionality;
(b)your access for other Healthcare Provider Organisations (if any) remains unaffected; and
(c)you must return or delete any confidential information relating to that Healthcare Provider Organisation.
7.1.Subject to clause 7.2, each Party must (and must ensure that its Personnel) keep confidential, and not use (except to perform its obligations under these Terms) or permit any unauthorised use of, information provided by the other Party or accessed on the Platform, including, but not limited to pricing, availability, and any patient or data specific to the Account Holder.
7.2.Clause 7.1 does not apply where the disclosure is required by law or the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with these Terms and provided that the disclosing Party ensures the adviser complies with the terms of clause 7.1.
7.3.Subject to clause 7.2, you must keep confidential, and not use (except to perform your authorised duties) or permit any unauthorised use of, information accessed through the Platform, including information relating to Healthcare Provider Organisations, prescriptions, pricing, and any other confidential information. This obligation applies separately to each Healthcare Provider Organisation you are approved by and continues even if your approval by any organisation is terminated.
8.1.You agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) (as if you were an “APP entity” as defined in the Privacy Act 1988 (Cth)) and any other applicable laws relating to privacy that may apply to you or your supply of services, including but not limited to the My Health Records Act 2012 (Cth) and the Prescription Exchange Service protocols (Privacy Laws). You must not do anything which may cause us to be in breach of any Privacy Laws.
8.2.In respect of any ‘personal information’ (as that term is defined in the Privacy Act 1988 (Cth)) that you receive or have access to in connection with these Terms, you must:
(a)only use ‘personal information’ in accordance with our instructions and for the sole purpose of accessing and using the Platform; and
(b)keep ‘personal information’ secure and protect it from loss, damage and unauthorised use or disclosure.
8.3.This clause 8 will survive the termination or expiry of these Terms.
9.1.You acknowledge and agree that any Intellectual Property or content (including copyright and trademarks) available on the Platform, the Platform itself, and any algorithms or machine learning models used on the Platform (Our Intellectual Property) will at all times vest, or remain vested, in us or our licensors.
9.2.We authorise you to use Our Intellectual Property solely for your personal use. You must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party.
9.3.You must not, without our prior written consent:
(a)copy, in whole or in part, any of Our Intellectual Property;
(b)reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
(c)breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website, or creating derivative works from any of Our Intellectual Property.
10.1.Despite anything to the contrary, without limiting any rights you may have as a consumer under the Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law):
(a)neither Party will be liable for Consequential Loss;
(b)each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s Personnel, including any failure by that Party to mitigate its losses; and
(c)we will have no Liability towards you in relation to these Terms or your use of the Platform.
11.1.We may, at our sole discretion (acting reasonably), suspend or terminate your access to the Platform:
(a)if you are a Prescriber, immediately if we reasonably believe you have lost legal authority to prescribe;
(b)if no Healthcare Provider Organisation has approved you to use the Platform within 90 days of your registration to the Platform; or
(c)with 30 days' notice for any other reason.
11.2.Healthcare Provider Organisations may independently revoke your approval, which will affect your access to their data and functionality but not your overall Platform access.
11.3.Should we suspect that you are in breach of these Terms or any applicable law, we may suspend your access to the Platform while we investigate the suspected breach. Should we determine that you are in breach of these Terms or any applicable law, your access to the Platform will be terminated immediately.
11.4.You may terminate your use of the Platform at any time by closing your account, subject to any ongoing obligations to Healthcare Provider Organisations.
12.1.Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.
12.2.Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
12.3.Force Majeure: To the maximum extent permitted by law, we shall have no Liability for any event or circumstance outside of our reasonable control.
12.4.Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
12.5.Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you sign up to the Platform. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
12.6.Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
13.1.Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
13.2.Healthcare Provider Organisation has the meaning given in the Healthcare Identifiers Act 2010 (Cth).
13.3.Individual Healthcare Provider has the meaning given in the Healthcare Identifiers Act 2010 (Cth).
13.4.Intellectual Property Rights means any and all existing and future rights throughout the world conferred by statute, common law, equity or any corresponding law in relation to any copyright, designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets (including the right to keep confidential information confidential), circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, whether or not registered or registrable.
13.5.Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
13.6.Non-Prescriber means a user who does not have prescribing capability and may include support personnel for a Healthcare Provider Organisation, such as administrative staff, receptionists or other).
13.7.Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents, but in respect of you, does not include us.
13.8.Prescriber means a user who is an Individual Healthcare Provider with the legal authority to prescribe medications and who has been approved by a Healthcare Provider Organisation for electronic prescribing capability.
For any questions or notices, please contact us by email at legal@evermed.com.au.
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