1. About these Terms

These Terms of Use (“Terms”) govern your access to and use of the ThinkGP website (“Website”) and any incorporated content, features, services or community forums (collectively, the “Platform”).

The Platform is operated by RX Australia Pty Ltd (ABN 47 000 146 921) or its related entities (“RX”, “we”, “us”, “our”).

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you must not access or use the Platform.

2. Intended audience

ThinkGP is intended for use by qualified healthcare professionals and medical students for educational purposes only.

You represent and warrant that:

 

  • any information you provide to us, including to register your account, is accurate, current and complete; and
  • you hold the valid medical, health or other relevant qualification in the name used to register your account, or you are enrolled to study at an accredited medical school.;

The Platform is not intended or suitable for use by patients or members of the general public, including those seeking medical advice.

3. Nature of content

The Platform may include: 

  • content commissioned by RX from appropriately qualified individuals (Commissioned Content);

  • content contributed by individuals that use the Platform, including healthcare professionals and medical students (User Content); and 

  • content that is published by businesses or third parties including advertisements except for Commissioned Content (Third Party Content).

All content made available on ThinkGP (including articles, videos, discussions, presentations, comments and other materials) is provided for general educational and informational purposes only.

Nothing on the Platform:

  • constitutes medical, clinical, diagnostic or treatment advice;
  • establishes a practitioner–patient relationship; or
  • should be relied upon as a substitute for independent professional judgment by qualified health professionals.

While RX uses reasonable endeavours to ensure the accuracy of content on the Platform, including only sourcing Commissioned Content from suitably qualified persons, RX does not vet content (including Commissioned Content) and you are responsible for:

  • evaluating the accuracy, relevance and applicability of any content; and
  • complying with your professional, ethical and regulatory obligations.


4. User-generated and third-party content

The Platform may include content contributed by User Content and Third Party Content. The Platform may contain links to the websites of third parties that have no relationship with RX, ThinkGP or the Website. We make no warranties as to the accuracy of content on third party websites.

RX:

  • does not control User Content or Third Party Content;
  • does not recommend, endorse or sponsor User Content or Third Party Content;
  • does not independently verify the accuracy or completeness of User Content, Third Party Content or Commissioned Content; and
  • is not responsible for the views or opinions expressed by contributors of User Content or Third Party Content.

You acknowledge that reliance on User Content and Third Party Content is entirely at your own risk.

RX uses reasonable endeavours to identify and remove misleading or harmful Third Party Content. RX moderates User Content by reviewing and assessing it in response to user or third party complaints, and taking action where it breaches our policies or applicable laws.

 

5. Acceptable use and content standards

When using the Platform, you must ensure that you can substantiate any medical or health claims that you make on the Platform.

You must not use the Platform in a way that:

  • is unlawful, harmful, misleading or deceptive;
  • infringes intellectual property or other rights;
  • is defamatory, abusive, harassing or offensive;
  • breaches professional standards or codes of conduct; or
  • interferes with the security or operation of the Platform.

RX may suspend or terminate access to the Platform at any time if we reasonably believe these Terms have been breached, including if you post User Content that is inaccurate, unsafe, misleading or otherwise inconsistent with these Terms.


6. Acceptable use and content standards

When using the Platform, you must ensure that you can substantiate any medical or health claims that you make on the Platform.

You must not use the Platform in a way that:

  • is unlawful, harmful, misleading or deceptive;
  • infringes intellectual property or other rights;
  • is defamatory, abusive, harassing or offensive;
  • breaches professional standards or codes of conduct; or
  • interferes with the security or operation of the Platform.

Without limiting the above, you must not use the Platform to:
(a) submit any information that identifies, or could reasonably identify, a patient, unless expressly authorised by RX in writing and permitted by applicable law;
(b) submit personal information or sensitive information about another person without lawful authority to do so;
(c) include free-text material in any submission where doing so would create a material privacy, pharmacovigilance, adverse event reporting or other regulatory risk;
(d) upload or submit material except through the specific functions and formats permitted by RX; or
(e) use the Platform in a manner that may compromise the privacy, safety or legal rights of patients, users or third parties.

 RX may suspend, restrict or terminate access to the Platform, or remove or disable access to any submission, at any time if RX reasonably believes these Terms have been breached or that doing so is necessary to protect users, investigate a complaint, comply with law, manage privacy or regulatory risk, or maintain the integrity of the Platform.


7. Intellectual property

All intellectual property rights in the Platform and its content (excluding User Content) are owned by or licensed to RX.

You may access and use the content for your personal, professional, non-commercial use only.

You must not reproduce, distribute, modify, or commercially exploit any content without RX’s prior written consent.


8. User submissions

If you submit User Content to the Platform, you:

  • warrant that you own the content or have obtained a licence to reproduce, publish, adapt and display the content; and
  • grant RX a non-exclusive, royalty-free, worldwide licence to use, reproduce, publish, adapt and display that content in connection with the Platform and for promotional use.

RX may remove or moderate User Content where reasonably necessary to operate the Platform, comply with the law, protect users or remove content that is inaccurate, unsafe, infringing or otherwise inconsistent with these Terms.


9. Privacy and Data Handling

You agree that your use of the Platform is subject to RX’s Privacy Policy, available at privacy.rxglobal.com, which explains how RX collects, uses, discloses and stores personal information. If you have any questions, comments, complaints or requests concerning this Privacy Policy or our processing of your information, please contact us through our Privacy Centre.

You acknowledge and consent that RX may collect and use information provided by you, including registration information, professional verification information, user activity data, webinar participation data and other information submitted through permitted Platform functions, for the purposes described in the Privacy Policy and any applicable collection notice. 

You must not provide personal information or sensitive information about another person through the Platform unless expressly permitted by RX and authorised by law.

Where the Platform permits submission of audit-related or similar material, you are responsible for ensuring that any patient-related information is properly de-identified before submission.


10. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantees, rights or remedies that cannot be excluded under the Australian Consumer Law or other applicable laws.

Where permitted by law, RX’s liability for breach of a consumer guarantee is limited (at RX’s option) to:

  • resupply of the services; or
  • payment of the cost of having the services resupplied.


11. Disclaimer and limitation of liability

To the maximum extent permitted by law:

  • the Platform is provided on an “as is” and “as available” basis; and
  • RX makes no representations or warranties about the accuracy, completeness or suitability of the Platform or its content (other than Commissioned Content). In respect of Commissioned Content, RX warrants only that it is sourced from suitably qualified third parties.

RX is not liable for any loss, damage, injury or claim arising out of or in connection with:

  • reliance on content available through the Platform;
  • clinical decisions or patient outcomes; or
  • use of, or inability to use, the Platform,

except to the extent liability cannot be excluded by law or is otherwise caused or contributed to by RX’s gross negligence, intentional misconduct, breach of law or breach of contract.

Neither party shall be liable to the other for consequential loss.
 

12. Indemnity

You agree to indemnify RX against any loss, damage, liability or expense arising from:

  • third party claims arising from your use of the Platform; or
  • User Content that you submit which infringes third‑party rights,

except to the extent caused by RX’s negligence or breach of law.

13. Suspension and termination

RX may suspend or terminate your access to the Platform if reasonably necessary to:

  • protect users;
  • comply with law; or
  • maintain the security and integrity of the Platform; or
  • address misuse of the Platform.

Where reasonably practicable, RX will provide you with prior notice and an opportunity to remedy non‑serious breaches.


14. Reporting and takedown process

If you believe that any content, submission or conduct on the Platform is inaccurate, misleading, unlawful, unsafe, infringes your rights, breaches privacy or confidentiality, or otherwise breaches these Terms, you may notify RX via the contact details published on the Platform or through customer services.

RX will acknowledge complaints within 2 business days where reasonably practicable and review them within a reasonable time. RX may request further information and, where reasonably necessary, temporarily restrict or remove content, suspend or restrict a user’s access, or take other interim steps while the matter is being reviewed.

Complaints will generally be reviewed by the ThinkGP team and, where appropriate, escalated to the relevant portfolio lead and then to Legal or other internal compliance, privacy or regulatory personnel.

RX does not guarantee any particular outcome in response to a complaint, but will act reasonably in considering the complaint, applicable law, user safety, privacy, and the integrity of the Platform.


15. Governing law
These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

16. General

  • RX may update these Terms from time to time by posting revised Terms on the Platform. RX will publish updated Terms with reasonable notice before they take effect, unless the changes are required urgently for legal or security reasons.
  • Continued use of the Platform constitutes acceptance of the updated Terms.
  • If any provision is unenforceable, the remainder will continue in effect.
  • These Terms constitute the entire agreement between you and RX regarding the Platform.