1. http://www.apgroup.com.au (“Site”) is owned and operated by Australian Pharmacy Group Pty Ltd ACN 610 253 417 (“AP”, “We”, “Us” or “Our”).
3. AP reserves all rights to alter, change and vary the Terms at any time and You will be deemed to have accepted and be bound by such amendments if You continue to use the Site. Each time You use the Site, it is Your responsibility to be aware of Our current Terms.
4. “Services” means the connecting of vendors and purchasers through the listing of pharmacy businesses for sale on the Site by AP.
5. AP makes no warranties or guarantees in relation to Your access to the Site being possible, timely, available, continuous, fault or bug free, uninterrupted, secure or virus free.
6. The information contained on the Site is for the purpose of general information only. AP has used its best endeavours to ensure that the information contained on and accessed through the Site is correct and current at the time of publication, however the Site may contain technical inaccuracies or typographical errors. AP does not accept any responsibility for any error, omission or defect in the information provided on the Site.
YOUR USE OF THE SITE
7. As a condition of using the Site, You warrant that:
a. You are at least 18 years of age;
b. You will use the Site only in accordance with these Terms; and
c. You will provide accurate and complete information when requested by the Site and You will not provide information which may be misleading, deceptive or likely to be misled or deceive or is otherwise incorrect or incomplete.
8. You must only use the Site for lawful purposes. When using the Site and You must not:
a. impersonate any other person or entity;
b. attempt to or succeed in copying, decompiling, disassembling, reverse engineering, hacking or accessing/discovering any source code related to the Site, without Our consent in writing;
c. provide any false or fraudulent information;
d. post or transmit to or via the Site any unlawful, threatening, defamatory, obscene, or pornographic material that could give rise to civil or criminal proceedings;
e. knowingly transmit any virus or other disabling feature to the Site;
f. interfere with, disrupt, or create an undue burden on the Site or its associated systems;
g. frame or mirror any part of the Site without Our written approval; or
h. modify, alter, adapt, improve, sublicense, translate, sell, decipher, decompile or otherwise disassemble any portion of the Site or cause any other person to do so.
9. In the event that You breach any provision of clause 8 above or otherwise breach any of the Terms, You will indemnify and hold Us harmless against any liability, loss, damage, expense, claim or injury that arises in connection with the breach.
THIRD PARTY WEBSITES
10. The Site may contain links or advertisements to other websites on the Internet. These other websites are run by third parties and are not under the control of AP. The placement of links or advertisements on the Site does not constitute Our recommendation or endorsement of these websites and You acknowledge that We are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites.
11. AP is in no way responsible or liable for:
a. any loss or damage arising out of or in connection with such use of other websites; and
b. the content or practices of other website that are linked or advertised on the Site.
12. The Site must only be used for Your own personal use (which will at all times be reasonable, not abusive) or for purposes legitimately connected to Our Services.
13. You must not access, use or copy any material or information on the Site for any commercial purpose or for any purposes which are unlawful. In particular, You are not allowed to copy (whether by printing off, storing on disk or in any other way), distribute (including distributing copies), alter or tamper with in any way or use any material contained on the Site, however You may print off any individual page for Your own personal use.
14. The Site and its contents are the property of AP and are subject to copyright. Any use of the Site or its content for purposes other than personal and non-commercial use, or for any other use, including the modification, reproduction, distribution, transmission, republication or display of the content of the Site, is prohibited without the prior written permission of AP.
15. “Intellectual Property” means all copyright and any other present and future rights and interests under statute, common law or equity, in relation to trade marks, data, logos, artwork, images, photos, names and designs, whether registered or unregistered, and other marks that are otherwise owned or licensed to AP in and associated with the Site and includes all original works of authorship fixed in any tangible medium of expression.
You acknowledge that AP is the owner of all right, interest and title in the Intellectual Property, which remains the sole property of AP and You will not in any way question those rights.
Where You provide, communicate or publish any information on the Site or otherwise communicate to AP via the Site, You grant Us the right to use, copy, modify, display or distribute Your information in any way that AP sees fit.
Any modifications, alterations or improvements made by You to the Site will become the property of AP and You will not dispute this in any way.
The use or misuse of any of the Intellectual Property is prohibited without the prior written permission of AP. Nothing contained in the Site should be construed as giving You any licence to any of the Intellectual Property on or associated with the Site.
If You believe that AP has infringed Your intellectual property rights, please notify us in writing via the email at firstname.lastname@example.org.
21. “Confidential Information” means all information on the Site or any information disclosed to You through Your use of the Site including but not limited to sales information, business information, financial information, commercially valuable or sensitive information, marketing or promotion of any of the Services on the Site or any information otherwise displayed on the Site relating to the sale of a pharmacy business, the listing of pharmacy businesses on the Site or otherwise related to a pharmacy business.
22. Confidential Information must only be used by You for the purposes of using the Site and our Services and must not be disclosed to any third parties, subject to this Confidential Information clause.
23. Subject to this Confidential Information clause You must:
a. keep the Confidential Information confidential and not directly or indirectly disclose or communicate any Confidential Information to, or otherwise place any Confidential Information at the disposal of, any other person without the prior written approval of AP;
b. take all reasonable steps to secure and keep secure all Confidential Information coming into your possession or control; and
c. not use, modify, reverse engineer or make copies, notes or records of the Confidential Information for any purpose other than for purposes directly related to the purchase or sale of pharmacy businesses with AP.
24. You may only disclose Confidential Information:
a. if the Confidential Information is available to the public or subsequently becomes so available other than through the Site; or
b. to any advisor, lawyer, financier or other consultant (Associated Party), only if the disclosure to the Associated Party is strictly necessary to facilitate the purchase or sale of a pharmacy business with AP.
USERNAME AND PASSWORD
25.You must not share with any third party or otherwise circulate, disseminate or make publicly known Your username and/or password used to login to the Site (Username and/or Password) under any circumstances except with Our prior written permission, which will be granted at Our absolute discretion.
26. You agree to indemnify AP and hold AP harmless from any loss, liability, damage, injury, expense or claim suffered or incurred by AP in connection with:
a. You sharing Your Username and/or Password with any third party;
b. the unathorised use of Your Username and/or Password on the Site; or
c. any access to the Site by a third party, using Your Username and/or Password.
28. We are not legal, financial, tax or investment advisors and You are responsible for seeking Your own legal, financial, taxation and investment advice relating to the sale or purchase of pharmacy businesses listed on the Site.
29. To the fullest extent permitted by law We:
a. give no representation, undertaking or warranty (express or implied); and
b. take no responsibility or accept any liability,
as to the truth, accuracy, correctness or completeness of any information, statement, opinion, forecast, advice or recommendation, represented in any way on the Site or in connection with the Services.
30. Under no circumstance will AP be liable for any incidental, direct, indirect, special, consequential or punitive damages arising out of or in any way connected with use of the Site or inability to use the Site or for any Services, information, data or content obtained through the Site, or otherwise arising out of the use of the Site.
31. In accepting these Terms You agree to indemnify AP and its contractors, employees and agents against all claims, costs, demands, damages and liabilities related to Your use or inability to use the Site.
32. Any advice, representation, recommendation, information or assistance provided by AP in relation to the Services or the purchase and sale of pharmacy businesses is believed by AP to be appropriate and reliable. However, any such advice, recommendation, information or assistance is provided without liability or responsibility on the part of AP.
ACCURACY OF INFORMATION
33. Information contained on the Site may be derived from external sources or supplied by external parties and AP does not endorse or warrant the accuracy of this information, data or content.
34. You warrant and guarantee that any information provided by You to AP for the purpose of AP engaging in the Services is true and correct.
35. AP does not accept any liability for inaccuracies, errors or omissions of the information contained on the Site.
36. The Site may be accessed in Australia and throughout the world. AP makes no offer by the Site to sell any Service in any country outside Australia and no representations that the content of the Site complies with the laws of any country outside Australia. If You access the Site from outside Australia, You do so at Your own risk and are responsible for complying with the laws in the place where You access the site.
37. The use of the Site is governed by, construed and enforced in accordance with the laws of Victoria, Australia. By using the Site You agree to submit to the exclusive jurisdiction of the Courts of Victoria, Australia
Last Updated: 18 July 2017