By providing feedback via the app or website, you agree to the following terms and conditions.
PREAMBLE and DEFINITIONS
RxLoop ("the App") is owned and operated by Rapid Research Group Ltd (“Us”, “We” or “the Company”). We provide and maintain the App and a Web site www.rxloop.com (”the Site") for the benefit of users of our services ("User"). On the App and our Site, we provide processes to allow you to provide feedback (also known as surveys) on your interactions with representatives of medical companies, request educational support, and send comments to the CEO & Sales Director of specific pharmaceutical or medical companies (collectively referred to as "Services"). These Services are provided so that your opinion can drive positive change in the education and support which are offered to you.
The Services and use of the App or Site are provided to you subject to the terms and conditions set forth in these Terms of Use ("Agreement") and our Privacy Policy (see section 5), and any other rules and policies set forth on the Site or the App.
1. ACKNOWLEDGMENT AND ACCEPTANCE.
Please read the following Agreement carefully. By using the Services, you accept and agree to all the terms and conditions of this Agreement. By accessing or using the Site or Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Site or use the Services
Your use of the Services may result in information being provided to third parties. Your identity will be protected according to our Privacy Policy. We take protection of your personal information very seriously.
2. USER RESPONSIBILITIES.
This Agreement entails important obligations. You expressly agree to all terms contained within this Agreement within its entirety. Specifically, you agree to:
- Comply with our Fair Use Policy (section 6)
- Comply with our Anti-Spam Policy (section 7), and
- Comply with our Other Prohibited Activities Policy (section 8)
To be eligible to utilise the App or the Site, you acknowledge that you are a registered Health Care Professional in the country in which you practice and utilise the App or Site.
You will provide current, complete, accurate information in the registration section of the Site. You will further update and keep that information current as needed. You will provide a password in order to access the Services and your account. Email login must be a valid email address maintained by you. You are solely responsible for maintaining the confidentiality of your password and account information. You will immediately notify us of any unauthorised account activity, or any unauthorised use of your email list(s) or any other breach of security you become aware of. You are responsible for safeguarding the password which you use to access this service, and for any activities or actions under your password.
RxLoop.com.au is a single user service. Multiple logins and passwords to the same account are not available or permitted. You may not share logins and passwords with others. Sharing login information is in violation of this Agreement and may result in immediate account termination.
We reserve the right to deactivate your account(s) as we deem appropriate or necessary, without notice. You enter and use the App, Site and the Services at your own risk. We are not responsible for your activities, communications, content, other data, or any other matter concerning your use of the Site, App or the Services. We are not responsible for the deletion of any data that has been provided by you. content, other data, or any other matter concerning your use of the Site or the Services. We reserve the right to discontinue your account(s) or terminate the Services at any time. We are not responsible for the deletion of any data that is has been provided by you.
3. MODIFICATION TO SERVICES PROVIDED; TERMS OF USE.
You acknowledge and agree that we may, with or without notice, modify or terminate the Services and/or the Site. Further, we may modify these Terms of Use from time to time. Modifications of the Service may include, without limitation, changes in the products or companies which we allow feedback on, volume of services used by you, number of users able to use the services, number of emails or requests, and the use of specific communications, sent or used through the Site.
We will notify you of changes we make by posting a notice on our Site, or, if we choose, by sending you an email. If you do not accept the changes, you must terminate your registration or other use at that time. Your use of the Site or the Services after the notice is posted (or we send you the email) shall be deemed to be acceptance of the modification or termination of the Services or these Terms of Use.
4. PRIVACY.
We are committed to protecting the privacy and confidential information of Users. The information which you provide when using our Services will be de-identified and shared with third parties. We will share this information while taking active steps to protect your identity in line with relevant Privacy Law.
4.1. Information Collection and sharing
Information on you will necessarily be collected at the time of registration in order to allow us to verify your registration as a Health Care Professional. This identifying information will not be shared with any external or third party apart from specific instances outlined below. Information collected as part of your utilisation of the Services, will be stored securely and only released to third parties in an aggregated, de-identified form.
We will only reveal your identity if you specifically request information from a third party while using our Services that requires your identify in order to fulfil your request, or you request that we forward a communication to a specific third party on your behalf. By using these specific “communication services”, you are giving us permission to share your name, address and medical specialty. We will only share your identity with the specific third party indicated by the specific request made by you, and no other parties.
When sharing information other than the communication services above, we will aggregate the information provided by you. Aggregation will be to a geographic area or specialty where there are minimum numbers of people so as to hide your personal identity.
In addition, any other material you provide us (including prescribing number, email addresses, etc.) will be held in the strict confidence and will be maintained in a secure environment hosted within Australia.
However, even if you opt out of receiving any communications from via the App, Site or Company, we reserve the right to contact you regarding your account status or any other matter that might affect our service to you and/or our records on you.
4.2. Information Use
The Company reserves the right to perform statistical analyses of user behavior and characteristics. We do this in order to measure interest in and use of the various Services.
and the Site collect IP addresses for system administration and record keeping. Your IP address is automatically assigned to your computer when you use the World Wide Web. Our servers record incoming IP addresses. The IP addresses are analyzed only in aggregate; a connection may be made between you and your computer's IP address. By tracking IP addresses, we can ensure that use of the Services provided are by legitimate Australian Health Care Professionals. We do this in order to maintain the integrity of the data collected and utilised.
4.3. Cookies
"Cookies" are small text files a website can use to recognize repeat users. The Site uses cookies to recognize visitors and more quickly provide personalised content or grant you unimpeded access to the website.
Information gathered through cookies also helps us measure use of the Site. Cookie data allow us to track usage behavior and compile data that we can use to improve the Site.
You agree to the use of cookies by utlising the Site.
4.4. Opting Out
Upon request, the Company will allow any user to opt out of our services and general correspondence with us. Also, upon your request we will delete your personal information from our database; however, it may be impossible to delete all of your information without some residual data because of backups and records of deletions.
Should you wish to opt out of the App, the Site or the Company, please contact general@rxloop.com
4.5. General Security Policy
The Company complies will all Privacy Law requirements through measures such as, but not limited to, separating information provided by you when using our services, from information relating to your identity (confidential information defined below). Information which you provide while using the Services provided will be ‘tagged’ with a randomised user number and not information which could be directly linked to your identity. Use of encryption on both Services, the Site and the App as well as registration databases ensuring that communications to third parties contain only de-identified and aggregated information which complies with our privacy policy, unless the communication is one which you have authorised us to undertake with a specific third party.
5. CONFIDENTIALITY.
We agree not to use any of your Confidential Information (defined below) for any purpose except to operate the App, Site and Services in accordance with this Agreement. We agree not to disclose any of your Confidential Information to any third party other than to our employees and consultants who are bound by confidentiality obligations and are required to have access to the Confidential Information in order to operate the App, Site and Services. Nothing in this Agreement limits our right to independently develop, acquire or market products, ideas, or businesses, without use of your Confidential Information.
Confidential Information may include solely to the extent entered into the Services, App or Site by you, (a) technical medical information, know-how and other intellectual property, to the fullest extent that such information is maintained as expertise by you; (b) confidential medical information; (c) personally identifying information such as that provided during registration; (d) your prescribing number and (e) other confidential medical or personal information. Confidential Information will not include any information that (i) was publicly known and generally available in the public domain prior to the time of disclosure by you; (ii) becomes publicly known and generally available after disclosure by you through no action or inaction of ours; (iii) is already in our possession at the time of disclosure by you; (iv) is obtained by us from a third party without a breach of such third party's obligations of confidentiality; (v) is independently developed by us without use of or reference to your Confidential Information; or (vi) is required by law to be disclosed by us, provided that we give you prompt written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure. Your prescribing number will always be defined as confidential information and will be treated with the highest level of security.
6. FAIR USE POLICY.
We are striving to become a leading and trusted research based company and so are committed to being a trusted member of the Australian healthcare community. We rely on the information furnished to us by our Users as being the valid opinions of registered Health Care Professionals who have had recent personal experience of an interaction with members of a medical or pharmaceutical company and/or medical education provided directly by a medical or pharmaceutical company. As such, we have adopted a firm Fair Use policy to ensure that the information gathered is genuine and can be acted upon in good faith and trust.
In order to maintain the high level of trust the medical community has in the App, the Site and the Company we expect that when the services are used by you to give feedback on interactions with pharmaceutical companies, that each feedback is based on your own personal experience and results in only one survey. We also expect that all communications which result from the use of our services are conducted with the genuine benefits of Australian healthcare consumers in mind.
If your use of our services is not consistent with the aims described above, we reserve the right to cancel your access to the App and the Site immediately and we may seek the advice of the RACGP, or another recognised healthcare body for advice on your compliance with this fair use policy.
7. ANTI-SPAM POLICY.
To ensure recipients are free from spam, and to maximize the availability of our Services to our community of Users, we have taken a "zero tolerance" stand against spam.
You acknowledge, warrant and agree that:
- You will not engage in any spamming activities in your use of the Services, or communications with or via the App, the Site, the Company or to medical or pharmaceutical companies contacted whilst using the Services. This includes spamming through the use of communication provided by the App or Company as a service, or through the use of information supplied by or to the Company via other channels included, but not limited to, email, LinkedIn, Facebook or Twitter
- When requesting information or asking for an email to be forwarded by the App or the Site you warrant that you either have an ongoing medical and professional interest which may benefit patient care or a genuine interest in furthering your own or the medical community’s educational outcomes.
- Your use of the App, Site and Services will not violate any Australian laws or regulations prohibiting or discouraging unsolicited mail, personal abuse or defamation.
- If you engage in any unlawful or unprofessional use of the services, we will report such conduct to the appropriate authorities and turn over any and all information, including personally identifiable information, to appropriate law enforcement persons or entities.
We will terminate the account of any User determined to have used the Services in connection with any spam or abusive email or otherwise breached this Agreement. Please be advised that we may also terminate your account if your use of the Services demonstrates a lack of compliance with these guidelines. We reserve the right to terminate your account(s) and your use of the Services, without notice, if we believe your activities are not in compliance with this policy.
We thank you for your compliance with both our Fair use and Anti-Spam policies, and your commitment to professional communication practices.
8. OTHER PROHIBITED USES.
You acknowledge, warrant and agree that:
- You will not transmit through the Service the App or the Site any obscene, offensive, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, illegal or otherwise objectionable material or content.
- You will not send any transmission that attempts to hide your identity or represents you as someone else.
- Any attempt by you to transmit, publish or distribute material or content that promotes, provides or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group is strictly prohibited or inconsistent with currently accepted Australian medical practice.
If you engage in any activity set forth in this paragraph or violate any terms or conditions of these Terms of Use, your account will be terminated and use of the App, Service and Site prohibited. We will report any unlawful conduct to the appropriate authorities, which may include the RACGP, and turn over any and all information regarding such activity to appropriate persons or entities.
9. DISCLAIMER OF WARRANTIES.
You expressly acknowledge and agree that use of the service and the site is at your sole risk. The service and the site are provided on an "as is" and "as available" basis.
10. LIMITATION OF LIABILITY.
To the fullest extent permissible pursuant to applicable law, neither rxloop.com.au and Rapid Research Ltd nor any parent entities, subsidiaries, affiliates, officers or employees shall be liable for any direct, indirect, special, incidental, consequential or punitive damages arising out of your access to, use of, inability to use, or reliance on the service or any survey results, or communications entered in to with third parties even if advised of the possibility of such damages. If you are dissatisfied with the service, the communications, the materials available on or through the service, the app or the site, or with any of the terms of this agreement, your sole and exclusive remedy is to discontinue using the service and leave the site and or app immediately.
11a. PROPRIETARY RIGHTS.
The Service and its original content features and functionality are and will remain the exclusive property of RAPID RESEARCH Group LTD and its licensors. The Service is protected by copyright, trademark, and laws of both Australia and foreign countries. Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us, or in way brings us in to disrepute.
RAPID RESEARCH Group LTD own the content including the graphics, names, text, software, music, videos, sound, pictures, compilations, survey templates, surveys, page layout, design, processes, procedures, magnetic translation, digital conversion or other material contained in the Service, App and the Site to the extent such content is provided and/or designed by RXLOOP.COM.AU and RAPID RESEARCH Group LTD. It is all protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. No one may copy, reproduce, distribute in any way, or decompile, reverse engineer or disassemble the content. You are permitted the limited license to use the content of the Service, App and the Site as authorised herein to complete feedback (also known as surveys) and view survey responses and survey results as supplied by us from time to time for your personal use as an end product only, and you must at all times maintain the Apps copyright symbol on the product in any form or medium.
While your account is active, you will have the right to access a summary your surveys for the current year, and may request your own survey responses, survey results and related survey data. If you do so, you assume the entire risk of disclosing such content to third parties. Modification or use of the App or Site content in any prohibited way is a violation of copyright and other proprietary laws. No one may copy, reproduce, transmit, post, distribute or create derivative works from this App or Site without prior written authorisation.
11b. NO MISAPPROPRIATION OR MISUSE OF NAMES, MARKS, INTELLECTUAL PROPERTY OR OTHER PROPRIETARY MATERIAL.
You agree not to use, misuse or misappropriate any brand names, trademarks, service marks, patents, images, text or other proprietary material or content of another on or through the Service or the Site. If you use any such proprietary material or content, by doing so, you warrant that you have the right and authority to do so.
12. LINKS AND ADVERTISERS.
The App may provide advertising space and/or links and pointers to Internet sites maintained by third parties. We have not reviewed any products or services they may provide. We are not responsible for nor do we endorse the contents or any products or services of such third parties or their sites. We do not control in any respect any information, products or services offered or suggested by third parties. we do not endorse or otherwise warrant or guarantee the products or services that are either advertised on the site, connected by link or available in the feedback list.
- TERMINATION.
These Terms of Use and the Service may be terminated by Us at any time. We shall not be liable to you or any third party in any manner for termination of the Service. In the event you should become dissatisfied with the Terms of Use or any modifications thereof, or with the Service or the Site, your only recourse is to discontinue use of the Service, terminate your subscription, and give notice to us of these actions. Upon termination, your right to use the Service, the App and the Site cease immediately and We shall have no obligation whatsoever to retain, forward or make available to you, survey responses, communications with third parties or survey results.
14. INDEMNIFICATION.
You agree to defend, indemnify and hold harmless Rapid Research Group Ltd, its parent entities, subsidiaries, affiliates, officers, and employees, from any and all claims and demands, including legal fees, due to or arising from your use of the Site, App or the Service, communications, survey responses, survey results and any other conduct related in any way to the Service, App or the Site, including but not limited to breaching any warranty or provision contained in these Terms of Use.
15. JURISDICTION.
These Terms of Use and the relationship between you and the App, the Site and the Company shall be treated in according with the state of Queensland, Australia. We make no representation that the materials and content on the Site, App or relating to the Services or communications resulting from your use of the services are appropriate or available for use in other locations. Those who access the Services, App or the Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with both local laws and local standards of acceptable medical practice. Any claim or demand under these Terms of Use must be made within 1 year of the occurrence of the underlying facts.
16. NATURE OF AGREEMENT.
You agree that your completion of the registration procedure constitutes agreement to these Terms of Use. Further, these Terms of Use are the entire and only agreement between you and Us and supersede any prior or other understandings, representations or warranties including, but not limited to, any nondisclosure agreements, marketing material, or other terms and conditions that you may provide to us in respect of the Site, App or Services. You agree that each use of the Services, App and the Site reaffirms your acknowledgment and agreement to the most current version of these Terms of Use.
17. GENERAL PROVISIONS.
In any dispute arising from the relationship between you and Us or these Terms of Use, the prevailing party shall be entitled to reasonable legal fees and costs. The failure by Us to enforce any right or provision under these Terms of Use shall not constitute a waiver of that provision or any other provision of these Terms of Use. If any provision of these Terms of Use shall be determined to be invalid or unenforceable by a court of competent jurisdiction, the other provisions shall remain in full force and effect.