pharmacyEXTRA Terms of Use

Last updated July 2nd, 2024

1 Application of Terms

1.1 These Terms apply to your use of the Website pharmacyextra.com and our Services. By accessing and using the Website and/or our Services:

(a) you agree to these Terms; and

(b) where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.

1.2 If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.

2 Changes

2.1 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.

2.2 We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.

2.3 These Terms were last updated on August 31st, 2023

3 Definitions

In these Terms, and unless the context otherwise requires:

including and similar words do not imply any limit.

Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis.

Person has the same meaning as set out in the Privacy Act 2020.

personal information means information about an identifiable person.

pharmacyEXTRA Academy (Academy) means the learning and development platform for continuing education offered to Pharmacists and Pharmacy Assistants.

pharmacyEXTRA Digital (Digital) means digital marketing services supplied by DATAPHARM including consumer based e-mail marketing for pharmacy(s) and pharmacy website development.

pharmacyEXTRA Insight (Insight) means data relating to your pharmacy business extracting or supplied from your Pharmacy Management System with your express permission.

pharmacyEXTRA Plus (Plus) means the service offered to pharmacies that allows pharmacyEXTRA to post content you approve to your social media accounts.

Pharmacy Transaction Data means the data you agree to share with pharmacyEXTRA from your Point of Sale or Pharmacy Management System relating to sales transaction in your pharmacy as outlined in the pharmacyEXTRA Insight Data Sharing Agreement.

Services means the pharmacyEXTRA Academy, pharmacyEXTRA Digital, pharmacyEXTRA Insight and pharmacyEXTRA Plus

Terms means these terms and conditions.

Underlying System means any network, system, software, data or material that underlies or is connected to the Website.

User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website.

We, us or our means DATAPHARM Ltd and its subsidiaries ("pharmacyEXTRA").

Website means pharmacyEXTRA.com and *.lms.pharmacyEXTRA.com.

You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.

4 Your Obligations

You agree to use the Website in a manner that complies with all applicable laws and regulations and that does not infringe our rights, nor the rights of anyone else, nor restricts or inhibits their use and enjoyment of the Website.

4.1 You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.

4.2 If you are given a User ID, you must keep your User ID secure and:

(a) not permit any other person to use your User ID, including not disclosing or providing it to any other person; and

(b) immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to support@pharmacyextra.com

4.3 You must:

(a) not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and

(b) (unless we expressly agree otherwise), access the Website via standard web browsers only and not by any other method including scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.

(c) notify us immediately, if you receive an unsubscribe or other such request from any person who has provided you with their email address(es) for the purpose of receiving marketing emails, so that we may ensure that such request is actioned. (In this case, you authorise us to remove such email address(es) from any data of yours which we hold.)

4.4 You may create a hyperlink to the Website from another website. However, this link must not be presented in any way that implies that the Website has an association with the other site, or endorses that site or the products available on or through that site.  Neither our name, nor any of our logos may be used on any other site without our written consent.  If you create a hyperlink text to the Website, you are responsible for all direct and indirect consequences of the link.

4.5 Publication of email addresses on the Website should not be taken as deemed consent to receiving unsolicited email.  Persons or organisations wishing to send email material to individuals or organisations whose email addresses appear on the Website must comply with the requirements of the Unsolicited Electronic Messages Act 2007.

4.6 You warrant to us that: (1) all email addresses you provide us for the purposes of us sending promotional and other marketing emails promoting your business pursuant to the Services, are email addresses to which the controller or owner each email address has consented to receive marketing or promotional emails; (2) that in the case where such consent (to receive promotional and other marketing emails) is qualified in any way (including with respect to any limitation as to the subject matter of emails, their frequency or timing and or quantity of such emails authorised to be sent to such recipient) that you will inform us at the time you provide us with such email addresses of such qualifications or limitations attached to such consent; and (3)  That when the terms of consent relating to any such email address(es) change, you will notify us of that immediately so that we may ensure that the terms of such consent to receive marketing or promotional emails is complied with.

4.7 Without limiting any other rights and remedies available to us, if we believe you have breached or are in breach of these Terms of Use, we may:

(a) limit your activities on the Website;

(b) warn other users of your actions;

(c) issue a warning to you;

(d) suspend or cancel your access to the Website;

(e) co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any content in breach of these Terms of Use.

4.8 You agree to indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these Terms of Use, your failure to complete a transaction, your use of the website's message boards, or arising out of any content or item you submit, post, upload, transmit, link to or make available.

5 pharmacyEXTRA Plus

5.1 If you subscribe to the Plus service there are certain obligations on your part in order for it to function correctly and in a timely manner. 

5.2 You will be able to select from a number of post options to have them posted to your pharmacy’s Social media accounts by pharmacyEXTRA on your behalf.

5.3 pharmacyEXTRA will only post content to your page on your behalf that you have expressly indicated or confirmed.

5.4 To be a member of the Plus service you acknowledge that:

(a)    You will provide pharmacyEXTRA with access to your Facebook page in order to Publish content, and View Page performance (this is only needed to do once).

(b)   You will Respond to the monthly Plus email in a timely manner by indicating your selections in the content survey.

(c)    pharmacyEXTRA may extract Facebook analytics itemising the reach and interactions of each authorised content post they. This will be used only in an aggregate way to measure post performance. Your individual analytic data will never be shared with any other party.

6 pharmacyEXTRA Digital

6.1 If you subscribe to the Digital service there are certain obligations on your part in order for it to function correctly and in a timely manner. 

6.2 If you are a customer of a community pharmacy we will send you digital communications such as emails or SMS texts from your community pharmacy for the purposes of keeping you up to date with health information, health products and health education.

6.3 You will be able to select from a number of email content options to have them sent to your customer database by pharmacyEXTRA on your behalf.

6.4 pharmacyEXTRA will only send e-mails to your customer database on your behalf that you have expressly approved. You will receive and respond to the monthly Digital email in a timely manner by indicating your selections in the Digital email content survey.

6.5 All e-mails sent to your customer database on your behalf will be personalised to your pharmacy to the extent possible.

6.6 To be a subscriber to the Digital Service you acknowledge that:

(a)   You will work with pharmacyEXTRA to build your customer database, encouraging your customers to join your customer database.

(b)  Ownership of any customer record that we recruit, receive or collect that nominates your community pharmacy will remain with us. 

(c)   pharmacyEXTRA will access this data on a regular basis, this will be used only in an aggregate way to measure post performance as well as enhance supplier engagement.

(d)  You will allow pharmacyEXTRA to access your customer database including: collected customer personal information as well as transactional data.

(e)   To personalise emails sent on your behalf you will provide pharmacyEXTRA with desired logos and imagery.

(f)   In the event that you no longer subscribe to the pharmacyEXTRA Digital service then, upon request, we will provide you with a single copy of the customer record(s) at that point in time.  We will retain ownership of the records.

7 pharmacyEXTRA Insight

7.1 If you subscribe to the Insight service there are certain obligations on your part in order for it to function correctly and in a timely manner. You acknowledge that: 

(a) You will authorise pharmacyEXTRA to collect your Pharmacy Transaction Data from your Point of Sale or Pharmacy Management system.

(b) Your Pharmacy Transaction Data will be analysed by pharmacyEXTRA for the purpose of reporting performance metrics and other key performance indicators and business intelligence to you

(c) You authorise pharmacyEXTRA to disclose your de-identified Pharmacy Transaction Data in aggregate form along with other subscribers to the Service.

(d) Your Pharmacy Transaction Data will be deleted from our systems following a cancellation request from you in written or email form within seven (7) business days from the effective cancellation date.

(e)  Notwithstanding you cease to use the pharmacyEXTRA Services, we are under no obligation to de-aggregate or remove your aggregated data from aggregated data we have created based on your data and the data of others. You further acknowledge and confirm that it would be impractical, if not impossible to undertake such an exercise.  

8 Intellectual Property

We (and our licensors or suppliers, as may be the case) own all proprietary and intellectual property rights in the Website and services (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems. Ownership of your Pharmacy Transaction Data remains with you at all times.

9 Disclaimers

9.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:

(a) the Website being unavailable (in whole or in part) or performing slowly;

(b) any error in, or omission from, any information made available through the Website;

(c) any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website . To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and

(d) any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.

9.2 We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.

10. Reasonable care

We will use reasonable endeavours to ensure:

(a) the availability of the Website subject to any downtime for maintenance; and

(b) the information and functions on the Website are reliable, up-to-date, complete and accurate at the time of publishing.

11 Liability

11.1 To the maximum extent permitted by law:

(a) you access and use the Website and our Services at your own risk; and

(b) we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, your access and use of (or inability to access or use) the Website, or our Services. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

11.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.

11.3 To the maximum extent permitted by law and only to the extent clauses 10.1 and 10.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD 100.

11.4 The limitations and exclusions set out in clauses 11.1 to 11.3 above further apply to any current or former officer, staff member, agent or other employee, representative or partners of DATAPHARM Limited. You acknowledge and confirm that despite such person(s) not being designated herein by name, that any such person may rely on and invoke these terms in response to any claim threatened, brought or otherwise arising against them in relation to the provision of the Services.

12 Privacy Policy

DATAPHARM Limited (NZBN 9429046421388) and its subsidiaries (“pharmacyEXTRA”) are committed to responsible privacy practices and to complying with the Privacy Principles contained in the Privacy Act 2020 (“Privacy Act”).

Our Privacy Policy sets out our policies on the management of personal information including how we collect personal information, the purposes for which we use this information, and to whom this information is disclosed. We may change our Privacy Policy from time to time at our discretion. At any time, the latest version of our Privacy Policy is available from our website at pharmacyextra.com/privacy.

13 Suspension and Termination

13.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).

13.2 On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.

14 General

14.1 If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.

14.2 These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.

14.3 For us to waive a right under these Terms, the waiver must be in writing.

14.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4, 7.1(d), 8, 9, 11, 12, 13.2 and this clause 14 continue in force.   

14.5 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.

14.6 These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.