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NVPaccess Agreement

Last updated: 29 October 2024

This NVPaccess agreement (NVPaccess agreement) between Myriad Pharmaceuticals Pty Limited (ABN 15 673 269 004) (we, us, our) and you (for and on behalf of the relevant business or organisation, such as a pharmacy) (you, your, pharmacy) govern all aspects of our NVPaccess user portal and service designed to facilitate your submission of certain Special Access Scheme (SAS) category C list notifications to the Australian Therapeutic Goods Administration and related services (or any part of them) (together, the service), and your access to, and use of, our service. This NVPaccess agreement is subject to our terms and conditions which are incorporated by reference and form part of this agreement. The NVPaccess agreement will prevail over the terms and conditions, to the extent of any inconsistency or conflict.

1. Your Use of the Service

We grant you a limited, revocable, non-exclusive, personal, and non-transferable licence of limited duration without the right to sublicense to access our service and use it in good faith for the intended commercial purposes as determined by us from time to time, and subject to your on-going compliance with this agreement. You must not access or use our service in any other way or for any other purpose.

2. Your Obligations

In respect of using the service, you:

  • shall not share your user account access credentials with any third party and ensure that everyone accessing our service using your access credentials is authorised by you to do so, is aware of this agreement and shall comply with it;
  • represent and warrant that you are a registered practising pharmacist, you have an account registered in your name with your APHRA registration number on the TGA SAS online portal, you are authorised to initiate a SAS-C notifications and that you shall act in accordance with the professional duties of a pharmacist at all times;
  • represent and warrant that you shall comply with each legal requirement and regulatory guidance in respect of each SAS C notification initiated through our service, and that we and our personnel can rely on the information input by you and your personnel as meeting all SAS C notification criteria and being complete, accurate and up to date; and
  • shall keep a record of each notification made by you and not rely on our service as a permanent source of information as notifications will be wiped after 3 months.

3. Patient Data

In respect of patient personal information, health data and prescription details input by you and your personnel in our service (together, patient data), you:

  • will provide the patient data no later than two weeks of supplying unapproved therapeutic vaping good to patient;
  • instruct us to handle patient data as is necessary to provide our service;
  • ensure that any patient data is complete, accurate and up to date, and verified by you;
  • agree to not input more patient data than is necessary for the service;
  • retain effective control over how patient data is handled in the service; and
  • shall be responsible for complying with all applicable data privacy laws.

We agree:

  • to only use the patient data as is necessary to comply with the law and to provide the service to you, and we will expect our subcontractors to do the same; and
  • to keep the patient data confidential and not share it with any third party, except with our personnel (including the practising nurse engaged by us for SAS-C notifications via TGA portal) and affiliates in complying with the law or providing the service to you.

4. Our Obligations Are Limited

Whilst we will use reasonable endeavours to keep our service operational and submit each SAS-C notification in a valid, accurate and timely manner, we do not guarantee the permanent or uninterrupted availability or our service and you remain responsible for submitting each notification in accordance with applicable law and verifying that this is the case.

You agree to defend, indemnify and hold us, our affiliate, our or its licensor, service provider, employee, agent, officer, director, contractor, agent, successor and assign, harmless from and against any claim, loss or damage (including reasonable attorneys’ fees) arising out of or relating to any breach of this agreement by you, your personnel or agent.

5. General Provisions

  • Consideration. In exchange for mutual promises the value of which is hereby acknowledged, the parties agree to this agreement.
  • Unless the context otherwise requires, any defined expression in bold shall have the same meaning throughout this agreement.
  • By using our service, you confirm that you accept this agreement and that you agree to comply with it in your personal capacity. In addition, where you are using our service on behalf of, or in the context of your role at, a business or organisation (for example, your employer), you represent and warrant that you are authorised to accept and agree to these terms on behalf of that business or organisation which will be bound by these terms, and “you” and “your” will be construed accordingly. If you do not agree with this agreement (including any amendments to it) you must immediately cease using our service.