Imitated Environments Pty Ltd

Pharmacy Simulator

Service Terms and Conditions of Use and Access

1. About the Services
   1. Welcome to the software application titled PHARMACY SIMULATOR (the 'Application') and its accompanying website, which can be found here https://www.pharmacysim.com (the 'Website'). Collectively, the Application and the Website are referred to as 'the Services'.
   2. The Services are owned and controlled by Imitated Environments Pty Ltd (Australian Business Number: 71 625 288 575), ('IEPL').
   3. The Services are provided to the organisation you represent ('You(r)' or 'Your Organisation' or 'Organisation') and your Authorised Users (defined at clause 4.2 below) as a learning and teaching aid.
   4. The Services are provided for use as educational tools only. The Services do not constitute professional advice of any kind. The Services are not officially affiliated with, or endorsed by any hospitals, tertiary institutions, health authorities, pharmaceutical organizations or other government departments in any industry. Use of the Services will not in and of itself, be a substitute to a degree in pharmacy or any other requisite precursor to practice in the pharma industries.


2. Acceptance of the Terms
   1. Please read these terms and conditions (the 'Terms') carefully. By registering an account, either via the Website or the Application, you acknowledge that you have read and understood the Terms on behalf of Your Organisation, and agree to be bound by them. If you do not agree with the Terms, you should not become a ‘Registered Customer (defined below at clause 4.1) and cease usage of the Services immediately.
   2. By registering for the Services and/or making any payment as required under for use of the Services you acknowledge that you have accepted these Term on behalf of Your Organisation, and that it agrees to be bound by them. 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 IEPL in the user interface.
   3. IEPL reserves the right to review and change any of the Terms by updating this page at its sole discretion. When IEPL updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records. Your use of the Services following the posting of such notice shall constitute your acceptance of any such changes.


3. Accessing the IEPL Services
   1. In order to access the Application, you are required to register for an account for your Organisation (the 'Account'). If you are accessing the Application on an Android or Apple device, you are required to have a Google Account or Apple ID account to download the Application. Details of how to obtain a registration can be found HERE in the case of Google Account, and HERE in the case of Apple.
   2. As part of the registration process, or as part of the continued use of the Services by Your Organisation, you will be required to provide the following information.
      1. an email address;
      2. a nominated representative on behalf of your Organization;
      3. preferred username for the representative;
      4. a strong password.
   3. You warrant that any information you give to IEPL in the course of completing the registration process will always be accurate, correct and up to date.
   4. You may not use the Services on your own behalf, and may not accept the Terms on behalf of Your Organisation if:
      1. You are not of legal age to form a binding contract with IEPL (at least 18 years old); or
      2. You are a person barred from entering into a contract for Services under the laws of your home territory.
   
   
4. Using the Application
   1. Once the registration process is successfully completed, Your Organisation will be a registered customer and have an account with IEPL (a 'Registered Customer').
   2. Registered Customers are required to enter the number of individuals it wishes to use the Application ('Authorised Users') for a nominated period, at your discretion (the 'Term').
   3. You must enter the payment details as required in accordance with clause 7. The figure payable will be dependent on the number of Authorised Users you wish to provide access to the Application.


5. Registration Keys and Authorised Users
   1. After payment has been received, Your Organisation will be issued with registration keys. This should be within 48 hours. Once activated, the registration keys may be issued to Authorised Users and allow them to access, use, and interact with the Application ('Registration Keys').
   2. Registration Keys must not be issued or transferred to any person other than to Authorised Users, and may not be used for any purpose other than as permitted in accordance with these Terms.
   3. You will use all reasonable commercial endeavours to ensure the Authorised Users agree to the terms of the User Agreement which can be found HERE and are aware of our Privacy Policy.
   
   
6. Subscription payments to IEPL
   1. You agree that the funds are transferred to IEPL on a subscription basis, for the Term specified, and from the Start Date chosen during checkout.
   2. All payments made in the course of your use of the Application are made using Stripe ('Stripe') or via Electronic Funds Transfer (‘EFT’).
   3. All fees and other amounts required to be paid hereunder do not include any amount for taxes. Your Organisation shall reimburse IEPL and hold IELP harmless for all sales, use, VAT, GST, excise, property or other taxes or levies which IELP may be required to collect or remit to applicable tax authorities in your jurisdiction.
   4. When making any payment in relation to your use of the Application, you agree that Your Organisation is bound by the terms and conditions of its respective EFT provider or in the event you choose to transact via Stripe, you agree to its terms, which can be found HERE.
   5. If there are any issues with your financial transactions, you should take the matter up with the respective service provider in the first instance.
   
   
7. Refund Policy
   1. We are not required to provide a refund if you change your mind on any of the products purchased.
   2. If the issue is not a major problem, we will make all reasonable attempts to repair the issue within a reasonable timeframe, or you can choose a refund for the cost of the Services to be resupplied to you. You must provide proof of purchase from your account.
   
   
8. Intellectual Property
   1. The Services, and any related products provided by IEPL are subject to copyright. The material on the Services are also protected by copyright. Unless otherwise indicated, all rights (including copyright) in the Services and found on or in any of the Services (including but not limited to text, graphics, artworks, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features), are reserved by IEPL.
   2. Registered Customers (that have successfully made payment) are granted a non-exclusive, revocable, and sublicensable licence for the Term, to:
      1. Use the Application, and allow Authorised Users to use the Application pursuant to these Terms, and for educational purposes only;
      2. Copy and store the Application and the material contained in the Services in your devices; and
      3. Print pages from the Services for your use.

   All other rights of every type and nature are expressly reserved by IEPL.

   3. All trademarks, service marks and trade names are owned, registered and/or licensed by IEPL.
   4. You undertake not to sell, rent, lease, translate, adapt, vary, modify, decompile, disassemble, reverse engineer, create derivative works of, modify, sub-license, share, loan or distribute the Services (or any part of them), other than as expressly authorised by these Terms.
   5. Your Organisation is not authorised to sell, share, sub license or distribute copies of the Services except to the Authorised Users.
   6. The intellectual property of all content created or uploaded by Your Organisation or its Authorised Users while accessing, using or interacting with any part of the Services remains with the owner or creator . However, in consideration for the use of the Services you grant to IEPL on behalf of Your Organisation, a non-exclusive irrevocable and worldwide licence in perpetuity to use these rights in connection with the Services, and any derivative works of these Services without limitation, and without any further payments to Your Organisation, or any consent or further authorisation from Your Organisation.


9. Privacy

   IEPL takes your privacy seriously and any information provided through the use of Services are subject to IEPL's Privacy Policy, which is available on the Website HERE.



10. General Disclaimer
    1. All terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms, are excluded to the fullest extent permissible by law.
    2. Use of the Services are at your own risk. The Services are 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 IEPL make any express or implied representation or warranty about your use of the Services. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
       1. 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;
       2. The accuracy, suitability or currency of any information on the Services, the Services, or any of its Services related products (including third party material and advertisements on the Services);
       3. Costs incurred as a result of you using the Services or any of the products of IEPL; and
       4. Any operation in respect to third party links which are only ever provided for your convenience, and for which IEPL cannot guarantee the security or safety.
    3. You acknowledge that the Services are only intended as an educational tool. Using the Services is not a substitute for education and does not free your Organisation of its obligations to any applicable government department, organization, or agency, and IEPL expressly excludes any warranties related to your obligations under any prevailing and applicable legislation that impacts your industry of any kind.


11. Availability, Outage and Loss of Data
    1. IEPL uses all reasonable commercial endeavours to keep the Services operating at all times. Nonetheless, the Services may experience outages from time to time. Such outage may be caused by third parties, or may be a consequence of IELP maintenance activity, where we are looking to improve the quality of the Services. In circumstances where we know in advance that an outage is likely, we will make all reasonable efforts to provide notice in advance , so that your inconvenience is limited as far as is reasonably possible.. Whatever the reason behind the outage, IELP will use all reasonably commercial endeavours to ensure that your data is safe. However, we cannot guarantee this. For this reason, we recommend that you back up your content regularly.
    2. The Services utilise third parties to provide certain functionality that may not be immediately recognisable as a distinct third party in all circumstances. The terms and conditions of how their service operates can be found HERE. Should the terms of service from those third parties change, our ability to provide the Services may be impacted. When circumstances beyond our control change the scope of the Services, we will immediately inform you. Our privacy policy tells you which third party services are operating within the Services, and what data is being collected from you.
    3. You acknowledge that the Services involve transmission of data over networks that are not owned and operated by IEPL. Accordingly, while we make every effort to ensure complete security at all times, we make no guarantees that our security procedures, or those of our third-party partners) will be errorless and that the transmission of data will always be secure.


12. Limitation of Liability
    1. IEPL shall not be liable for any form of incidental, indirect, special, exemplary, punitive or consequential Loss including any third party Loss, loss of profits, loss of production, increased operating costs, loss of revenue, loss of data, loss or denial of opportunity, loss of goodwill, loss of reputation, loss of anticipated savings, loss of interest or credit rating or any pure economic loss; which is not a natural or normal consequence of a cause of action suffered or incurred by you whether arising in contract or tort (including negligence) in equity, or under any statute. For the purposes of this clause 'Loss' means all liabilities, losses, damages, fees, expenses and costs (including legal costs on a full indemnity basis and whether incurred or awarded and disbursements reasonably incurred) of any kind and nature whether arising in contract or tort (including negligence) in equity, or under any statute.
    2. Notwithstanding any other clause in this Agreement and to the extent permitted by law, the maximum liability of IEPL arising out of or relating to this Agreement both during and after the Term shall be limited to the total cost of the resupply of the Services.


13. Termination
    1. IEPL may at any time terminate these Terms if:
       1. You have breached any provision of the Terms or in its reasonable opinion you intend to breach any provision;
       2. IEPL is required to do so by law;
       3. IEPL is transitioning to no longer providing the Services to the country in which your organisation is based, or from where your organisation accesses the Services; or
       4. The provision of the Services to you by IEPL is, in the opinion of IEPL, no longer commercially viable.
    2. Subject to local applicable laws, IEPL reserves the right to discontinue or cancel your status as a Registered Customer at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts IEPL's name or reputation or violates the rights of those of another party.
    3. When you cease being a Registered Customer all of the legal rights, obligations and liabilities that you and IEPL 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.


14. Indemnity
    1. You agree to indemnify IEPL, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
       1. 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 use of the Services, or your Authorised Users use of the Services;
       2. Any direct or indirect consequences of you accessing, using or unlawfully transacting on the Services, or attempts to do so; and/or
       3. Any other breach of these Terms.


15. No Assignment

    Your Organisation must not assign or novate this licence or any right or obligation under it, to any other person or entity without IEPL’s prior written consent.



16. Governing Law

    The Terms are governed by the laws of Tasmania, Australia. 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 Tasmania, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.



17. Complete Agreement

    This Terms comprise the entire agreement between the parties in relation to the use of the Services, and no earlier agreement, understanding or representation, whether oral or in writing, in relation to any matter dealt with these Terms will have any effect from the date of this agreement.



18. Severance

    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.