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Terms and Conditions

Last updated: 29 October 2024

These terms and conditions and any referenced terms (together, the terms) between Myriad Pharmaceuticals Pty Limited (ABN 15 673 269 004) (we, us, our) and each of our users (you, your, user) govern all aspects of our website, user portal and related services (or any part of them) (each a service), and your access to, and use of, our services.

Our users can browse our website for information and explore other functionalities and features of our services. Our user portal enables our registered users to use certain services such as NVPaccess. Our services are not guaranteed, and our liability is limited. Please read these terms carefully before using our service.

Unless the context otherwise requires, any defined expression in bold shall have the same meaning throughout these terms.

1. Your Acceptance of the Terms

By using our service, you confirm that you accept these terms and that you agree to comply with them 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”, “your”, “user” will be construed accordingly. If you do not agree with these terms (including any amendments to these terms) you must immediately cease using our service.

We may amend these terms from time to time. We will notify you of any significant changes. However, by continuing to access or use our service, you agree to be bound by our latest terms.

Additional terms and conditions may apply to you if you use any third party services, content or features.

2. Your Responsibilities

You represent and warrant that you are over the age of 18 and you must not access our service if you are not. You agree that you are responsible for:

  • complying with the laws applicable to you and your use of our service;
  • complying with any additional applicable terms presented to you and any applicable third party terms, such as plug-in, feature or other terms;
  • ensuring that all persons who access our service through your user account or device are aware of these terms, and that they comply with them;
  • ensuring that the device used to access our service is owned or controlled by you, that it meets minimum hardware requirements, is appropriately configured, is not modified in breach of applicable terms or recommended use, secured and updated to the latest software, and is connected to an appropriately secured network;
  • all costs and expenses you may incur in relation to your use of our service; and
  • other obligations set out in these terms.

3. User Account

Our website and related services can be accessed by the public. However, certain services may only be accessed by our registered users where we grant access. To access these services, you must set up a user account and provide certain information about yourself. We will trust that the information provided by you is true, accurate and complete, and you shall let us know if there are any changes.

You must safeguard your account access credentials and not share them with any unauthorised party. You must let us know without delay if you suspect that your account access credentials become known to an unauthorised person or may have been otherwise compromised.

4. Service Availability and Change of Service

Each service is provided on an ‘as is’ basis. Neither we nor any third party makes any representation or gives any warranty or guarantee, whether express or implied, that any service is available, uninterrupted, compatible, error-free, consistent, risk-free, free of malicious code, of good quality or fit for any purpose, or that any content is accurate, complete or up to date. Our service is provided for general information only. It is not intended to amount to advice and must not be relied on as such. We are not responsible for any third party service, content or information accessed from our service.

Our service relies on various third party service providers, networks and internet-based intermediaries, the operation of which is outside our control. We do not accept responsibility for any claim, loss or damage as a result of any service downtime, connection issue, exposure of your connection or other information or similar issue caused by a fault of such third party service provider or unavailability of their service.

We reserve the right to amend, modify, restrict, suspend or terminate any service at any time for any commercial, operational, security or legal reason without prior notice to you and you should not rely on any service as a permanent source of information or utility. We will try to give you reasonable notice or display a public message of any prolonged suspension or withdrawal of any service.

5. Fees

Our public website is made available free of charge. However, certain services are subject to fees, as notified to you from time to time or, as the case may be, as agreed in a commercial agreement with you. We reserve the right to introduce fees by way of notice to you at any time at our sole discretion in respect of any service previously provided free of charge.

6. Using Our Service

We are the owner or the licensee of all intellectual property rights in our services including our information, content, feature and any other material published in or generated by our service and for the avoidance of doubt, including its format and design. All such works are protected by copyright laws and treaties around the world and we may be bound by restrictions under a contract with our licensors. We reserve all rights. You must not delete or alter any copyright, trade mark or other proprietary rights notices from copies of any content.

Myriad™ and alt.™ and all related names, logos, product and service names, designs and slogans are our trademarks or the trademarks of our affiliates or licensors. You must not use such marks without our prior written permission unless they are part of material you are using for personal use in accordance with this clause. Other names, logos, product and service names, designs and slogans in our service are the trademarks of their respective owners and are used by us under licence.

You are not permitted to publish, disclose, modify, disseminate, use to create derivative works or otherwise use our service or content or information published in or generated by our service in whole or in part for any commercial purpose without obtaining a licence to do so from us or our licensors.

You may print off one copy, and may download an extract, of any page from our website and other publicly available content published in our services for your personal use, and, in this respect, we grant you a limited, revocable, non-exclusive, personal and non-transferable licence without the right to sublicense. You must not modify the paper or digital copy of any materials you have printed off or downloaded in any way, and you must not use any illustration, image, video or audio without also including the accompanying text. Our status (and that of any identified contributors) as the authors of our materials must always be acknowledged. We reserve the right to revoke this licence at any time and your right to use our material content will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

If we discover any breach of these terms, we reserve the right to take appropriate steps to mitigate our loss or damage.

7. Limitation of Liability

In no event will we, our affiliate, our or its licensor, service provider, employee, agent, officer, director, contractor, agent, successor and assign be liable for loss or damage of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our service or any linked service, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted under applicable law.

8. Linking to Our Website

You may link to our home page, provided you do so in a way that is fair, legal, complies with our terms and does not damage our reputation or take advantage of it. Your linked website and content must meet our reasonable content standards and not constitute a prohibited practice under our terms.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our website must not be framed or mirrored on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

9. Suspension and Termination for Cause

We may monitor your use of our service for compliance with our terms and applicable laws. If there is a breach, your right to use our service will cease immediately and you must stop using it immediately and, upon request, immediately return and destroy any copies of our content.

If you breach, or if we reasonably believe that you have breached, these terms or the law we may take appropriate action against you, including:

  • issue a warning to you;
  • immediately suspend or terminate your access to our service or user account;
  • issue legal proceedings against you, including for reimbursement of all loss, damage and costs (reasonable legal fees) resulting from your breach; and
  • disclose relevant information to law enforcement authorities and your employer (if you use our service in a professional capacity).

Upon suspension or termination, your right to use our service will cease immediately. If you wish to terminate your access to our service or erase your account, you may simply discontinue using the service and use available functionality to delete your account data.

10. Data Privacy & Security

We handle personal information in accordance with applicable data privacy law. In respect of some of our services, we handle personal information on your behalf and instruction, and we rely on your compliance with applicable data privacy law in respect of all personal information provided by you or procured by us for you on your instruction. We will carry out analytics in relation to your use of our service for product development, optimisation, statistical and similar business purposes. Please see our privacy policy for further information.

Although we use reasonable endeavours to ensure that our services will be secure and free from malicious code, we cannot guarantee it.

11. Prohibited Use

You must not use, attempt to use or instigate any use of our service in any way that:

  • is unlawful, prohibited or unethical or in breach of these terms;
  • causes loss, damage, harm or other liability to us, our service, any user, or any other person;
  • results in an infringement of a third party right or a breach of contract or legal duty;
  • is in any way excessive, causes a material degradation or affects the usual operation of our service;
  • could discriminate, harass, offend, upset, impersonate, mislead, deceive or otherwise affect any person; or
  • makes any unauthorised alteration to our service.

Without limiting the general obligations in the preceding clause, you must not do, attempt to do or instigate any of the following:

  • copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute our service in any form or media or by any means;
  • decompile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form our service;
  • license, sell, rent, lease, transfer, assign, distribute, display, disclose, commercially exploit, or otherwise make our service available to any third party;
  • use our service in connection with another app, content or information which is similar to, or could compete with, our service;
  • circumvent security, content management or other features in our service;
  • use our service by scripting and using software to consume more resources than other users over a period of time;
  • obtain, or assist third parties in obtaining, unauthorised access to our service;
  • attempt to gain unauthorised access to our service, the server on which our service is stored, or any server, computer or database connected to our app or our service;
  • denial-of-app attack on our service;
  • load testing, penetration testing, security vulnerability scanning or similar activity on our service;
  • introduction of a virus, trojan, worm, logic bomb or other material that is malicious, technologically harmful or seeks unauthorised access;
  • text or data mining or scraping in relation to our service including by way of any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish our service; or
  • automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

Some of the prohibited activities could, if carried out, constitute a criminal offence. We will report any suspected criminal offence (e.g. hacking of our systems) to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.

12. General Provisions

  • Consideration. In exchange for mutual promises the value of which is hereby acknowledged, the parties agree to these terms.
  • Complaints procedure. If you have any concern or dispute about our service, you agree to first try to resolve it by contacting us in writing and giving us time to respond. We will aim to acknowledge your query within 3 business days and propose a resolution within 14 days. Where this is not possible, we will let you know that our investigation is ongoing and when you can expect to hear from us. If you remain dissatisfied, we may suggest an alternative dispute resolution process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court.
  • Entire agreement. These terms and any contractual terms expressed to apply presented by us to you contain the entire agreement between the parties and supersede and extinguish all prior agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party acknowledges that in accepting these terms it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms and each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in these terms.
  • Assignment. We may transfer our rights and obligations under these terms to another organisation, for example, if our business is transferred or merged with another company.
  • No rights of third party. These terms are between you and us, and no other person shall have any right under them.
  • Severability. If any provision of these terms is held to be unlawful and/or unenforceable it shall be deemed deleted, but all the remaining provisions of these terms will continue in full force and effect.
  • No waiver. Except as provided herein, the failure to exercise a right or to require performance of an obligation under these terms shall not affect either your or our ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
  • Governing law. These terms, their subject matter and their formation, are governed by Australian law. You and we both agree that the courts in Australia will have exclusive jurisdiction in relation to any contractual or non-contractual dispute arising from or in connection with these terms.

13. Contact Us

For any queries about these terms, please contact us through the channels referred to on our website.