Members Terms And Conditions

MedicMall Members Terms And Conditions

Introduction

The MedicMall Marketplace Terms and Conditions, together with our Privacy Policy, comprise the terms of a legal agreement between the person listed in the Registration Portal (Member, you or your) and HealtheSoft Capital Ventures Pty Ltd trading as MedicMall (ACN 636 370 593)) (MedicMall, we, our or us) (collectively, the agreement).
By accessing and using the MedicMall Platform, you warrant that you have read this agreement, and agree to be bound by this agreement. If you are using the MedicMall Platform as a representative of an entity, you are agreeing to the agreement on behalf of that entity.

MedicMall Platform

The MedicMall Platform is a portal or online marketplace through which Members can access, order, purchase and use Goods and/or Services made available by Suppliers on, or via, the MedicMall Platform. We are a mere online marketplace or conduit for:
1. introducing Members to Suppliers and we act as a payment facilitator each time a Member and a Supplier transacts on, or via, the MedicMall Platform; and
2. allowing Advertisers to advertise their Goods and/or Services to Members.
MedicMall is not a Member, Supplier or an Advertiser and our role in providing you with access and use of the MedicMall Platform should be construed strictly in this context only.
When you create an Account on the MedicMall Platform, MedicMall grants you a non-exclusive, non-transferable, personal, revocable and non-sublicensable licence to access and use the MedicMall Platform for the Term. You will not acquire or be entitled to any rights other than those rights expressly set out in this agreement.

Changes

We reserve the right to change any provision of this agreement in any way and we may, in our absolute discretion, add, change or remove any functions or features of the MedicMall Platform, any Member, Supplier or Advertiser, Goods or Services advertised or sold on, or via, the MedicMall Platform, any fees payable under this agreement and or any other ancillary products or services offered on, or via, the MedicMall Platform on reasonable written notice to you. If we provide you with notice of changes to this agreement, we shall do so by email and by posting it on the MedicMall Platform or on our Site.

Term

This agreement commences on the date you create an Account with us on, or via, the MedicMall Platform and continues, unless terminated in accordance with clause 18 (Term).

Account

If you wish to access and use the MedicMall Platform you must create an account with us (Account) via the Site.
Your Account will be operated by a username and password (Password) which Password you may change online at your convenience. The owner of the Account is solely responsible for the activity conducted on the Account. We may at any time request that the owner of the Account provide identification to verify their identity.
In order to open an Account or otherwise access and use the MedicMall Platform and our Site:
1. you must be over 18 years of age and legally able to enter into contractual relations. If you are not over 18 years of age (Minor), you should not access or use the MedicMall Platform or Site. We reserve the right to ask for proof of age from you and your Account may be suspended until satisfactory proof of age is provided; and
2. provide accurate and complete registration information as described in clause 6.
In relation to your Account, you undertake that you will:
1. not disclose your Password to any third party and take reasonable measures to prevent disclosure of your Password to any third parties. You are liable for all use of the MedicMall Platform using your Account or Password. Please notify us immediately if you become aware that your Account or Password is being used without authorisation or any other security breach relating to your Account or Password;
2. provide only accurate, complete registration information and Personal Information, and you will update that information if it changes. All Personal Information as well as the information you provide to register is subject to our Privacy Policy. You will create only one account on the MedicMall Platform and you will remain responsible for anything that happens through your Account; and
3. not impersonate another account holder or Member or provide false identity information to gain access to or use the MedicMall Platform.
At any time, you may use the Registration Portal to update or change your Member Profile.
MedicMall has the right to suspend or terminate any Account or Password or your access or use of all or any part of the MedicMall Platform, at any time, if, in our opinion, you have failed to comply with any of the provisions of this agreement.

Member obligations

At the time a Member creates an Account with us, the Member must also:
1. create, open and maintain an account with a Third Party Payment Processor nominated by us and you will provide such account details to our Third Party Payment Processor; and
2. create a Member Profile, which will include your business information and Personal Information, such as: (i) medical organisation name, ABN and main business contact details (including contact person, email, address and telephone and mobile numbers and website address); (ii) type of medical organisation and areas of medical specialisation (and sub-specialisation); and (iii) any other information that MedicMall may require to verify your identity and Member Profile.
You acknowledge and agree that we may, at any time during the Term, review and update your Member Profile if they do not comply with this agreement or update or change the Goods or Services offered for sale by Suppliers, on, or via, the MedicMall Platform.
Before ordering or purchasing Goods or Services from a Supplier on, or via, the MedicMall Platform, you should carefully review the Supplier’s qualifications, skills and experience in providing such Goods or Services. You should also carefully review the Supplier’s Terms and Conditions and any other relevant policies that are displayed on the Supplier’s Microsite Store before purchasing any Goods and Services. You acknowledge and agree that, to the extent permitted by Relevant Laws:
1. MedicMall makes no representations, warranties or guarantees in relation to the availability, continuity, reliability, accuracy, currency or security of the MedicMall Platform, the Goods or Services or any other ancillary products or services made available to you on, or via, the MedicMall Platform. You acknowledge that the Goods or Services or any other ancillary products or services made available to you on, or via, the MedicMall Platform are provided 'as is'; and
2. it is your responsibility to determine that the Goods or Services or any other ancillary products or services made available to you on, or via, the MedicMall Platform, meets your specific needs and/or are suitable for the purposes for which they are used.
During the Term, you:
1. will not (directly or indirectly) enter into any contract, with any Supplier outside of the MedicMall Platform for the purpose of ordering or purchasing Goods or Services from Suppliers; or
2. may communicate or negotiate with any Supplier (as a continuation of an existing enquiry or Request for Quotation) outside of the MedicMall Platform, provided that transaction is finalised or completed on, or via, MedicMall Platform, either using the shopping cart or quotation acceptance function.

Your general obligations

To access and use the MedicMall, you must:

open an Account with us via the Site;
provide us with all necessary co-operation and information to facilitate and provide the MedicMall Platform including (but not limited to) proof of identity;
ensure that all information is true, accurate and not misleading;
comply with all reasonable directions, policies and guidelines of MedicMall as advised from time to time;
carry out all of your responsibilities set out in this agreement in a timely and efficient manner; and
agree that MedicMall may send you advertising or promotional material via various forms of communication that may be of interest to you from time to time.

Restrictions

You must not:
1. license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the MedicMall Platform available to any third party, including any advertising materials produced by MedicMall or generated by the MedicMall Platform;
2. violate MedicMall’s Intellectual Property Rights;
3. impersonate or pose as any other person, or misrepresent your true legal identity in your dealings with us or any other user of the MedicMall Platform;
4. modify, alter, adapt, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the MedicMall Platform, the Site or your Account, including any images contained on the MedicMall Platform which belong to other advertisers or us;
5. access all or any part of the MedicMall Platform or Site in order to build a product, service or code which competes with the MedicMall Platform or Site; and
6. data mine the MedicMall Platform nor access, store, distribute or transmit any viruses, worms, trojans or other malicious code, or any material when using the MedicMall Platform that is unlawful, unethical, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive or a contravention of the rights of any third party or corrupts, damages, degrades or disrupts the operation of the MedicMall Platform.
We reserve the right to limit your use of the MedicMall Platform, your right to purchase Goods or Services and/or any other ancillary products or services made available to you on, or via, the MedicMall Platform, including the right to restrict, suspend or terminate your Account or Member Profile if we believe you are in breach of this agreement or you are misusing the MedicMall Platform.

MedicMall obligations

MedicMall shall use reasonable endeavours to provide you with:
1. access and use of the MedicMall Platform as described on the Site;
2. payment collection services when a Member and Supplier transact on, or via, the MedicMall Platform;
3. customer support and provide (on written request) dispute resolution assistance in the event of a dispute between a Supplier or Member.
In the event that MedicMall fails to provide you with access and use of the MedicMall Platform in accordance with clause 9.1, we will use reasonable endeavours to correct any such non-conformance, or provide you with an alternative means of accomplishing the desired performance. The foregoing constitutes your sole and exclusive remedy for any breach of clause 9.1.

Delivery of Goods

The Supplier will not dispatch Goods to a Member until payment has been confirmed. A Supplier will use reasonable endeavours to effect delivery of the Goods at the delivery address nominated by the Member in the order and by the scheduled delivery date displayed on the MedicMall Platform Site or on your order confirmation (as the case may be). Delivery dates are estimates only and are not binding on the Supplier.
The risk of the Goods, including from loss, theft, damage or destruction of the Goods, shall pass from the Supplier to the Member on and from delivery to the Member’s nominated delivery address or otherwise in accordance with the Supplier Terms of Sale and any other relevant Supplier policies that are displayed on the Supplier’s Microsite Store.
Title to the Goods passes from the Supplier to the Member when the Goods are paid for in full or as otherwise specified in the Supplier Terms of Sale and any other relevant Supplier policies that are displayed on the Supplier’s Microsite Store.
If there is any inconsistency between this agreement and the Supplier Terms of Sale in relation to risk and title to the Goods, the Supplier Terms of Sale shall prevail to the extent of the inconsistency.
The Member will ensure that any person who collects or takes delivery of the Goods on your behalf is authorised by you to do so.

Purchase Price

We do not charge a fee for a Member to create an Account. We reserve the right at any time to charge Members a fee to create an Account or to continue to access and use the MedicMall Platform.
When a Member orders or purchases Goods or Services offered for sale by a Supplier on, or via, the MedicMall Platform, the Member will pay the price for the Goods and/or Services as displayed on, or via, the MedicMall Platform (Purchase Price).
The Purchase Price displayed on the MedicMall Platform are current at the time of issue. The Purchase Price and availability of Goods or Services and any other ancillary products or services made available to you on, or via, the MedicMall Platform, are subject to change effective immediately upon posting to the MedicMall Platform. You agree to pay the purchase price current at the time of payment or at the acceptance of a quotation, whichever is applicable.
The purchase price or fees for Goods and Services displayed on third party websites which are linked to the MedicMall Platform may not be correct and MedicMall is not bound by them.
If a Member purchases Goods and Services from a Supplier:
1. using the shopping cart function of the MedicMall Platform, MedicMall (or our Third Party Payment Processor) will collect and process payment of the Purchase Price on behalf of a Supplier; or
2. using a Request for Quotation, the Member will pay the Supplier direct for the provision of Goods and Services.

Payment

All Purchase Prices shown on the MedicMall Platform are either in Australian Dollars (AUD) or New Zealand Dollars (NZD) and are exclusive of GST.
In addition to the Purchase Price, you agree to pay any:
1. other taxes and government charges, levies or fines in relation to the purchase of the Goods or Services;
2. Cancellation Fees; and
3. expenses or costs incurred in connection with the delivery of the Goods.
A Member must pay the Purchase Prices or any other amounts owing to us under the agreement by credit card or digital wallet. We use a Third Party Payment Processor to process payments made to us. By making payment of the Purchase Price or any other amounts owing under the agreement, you agree to provide MedicMall with accurate and complete billing information, and you authorise us to share your billing information with our Third Party Payment Processor for the purpose of processing your payment.
We may, at our absolute discretion and with notice to you, change the payment methods that can be used to access and use the MedicMall Platform, at any time.
If you fail to pay the Purchase Price or another amount owing to us or the Supplier under this agreement, by the due date, without limiting any other remedies available to us under this agreement or under any Relevant Law, MedicMall, may, in our absolute discretion, do all or any of the following:
1. charge interest on all outstanding amounts that are due to MedicMall under this agreement, charged at an interest rate of 1.25% per month (15% per annum); or
2. suspend access to the MedicMall Platform until all outstanding amounts (including interest) that are due to MedicMall under this agreement are paid in full; or
3. terminate in the agreement in accordance with clause 18.
You will pay MedicMall all costs and expenses incurred in recovering any outstanding amounts (including interest) that are due to MedicMall under this agreement, including legal costs or other expenses incurred by MedicMall in relation to enforcement steps or mercantile or collections agents.

Cancellation

If a Member wishes to cancel any Goods or Services purchased on, or via, the MedicMall Platform, the Member must contact:
1. the Supplier using the contact details displayed on the Supplier’s Microsite Store;
2. MedicMall by email via the support email address on the MedicMall Platform,
and the Member may be liable to pay a cancellation fee to the Supplier, by way of liquidated damages, in accordance with the Supplier’s cancellation and refund policy (Cancellation Fee). The Member should review the Supplier’s cancellation and refund policy as displayed on a Supplier’s Microsite Store before cancelling any Goods or Services purchased on, or via, the MedicMall Platform.
If a Supplier cancels any order for the purchase of Goods or Services, the Member will receive a full refund of the Purchase Price paid (except where a Member breaches the terms of this agreement and/or the Supplier Terms of Sale and any other relevant Supplier policies displayed on the Supplier’s microsite store).

Intellectual Property Rights

You acknowledge that, notwithstanding anything else, MedicMall and/or its licensors own all Intellectual Property Rights in the MedicMall Platform and the Site (and anything arising or generated therefrom) (collectively, the MedicMall IP). Accessing and using MedicMall Platform and the Site does not give you (or anyone else) ownership of, or any right, title or interest in any of the foregoing (or any MedicMall IP contained therein), or any information, content or technology that may be provided to, or accessed by, you in connection with their use, all of which is, and will remain, owned by MedicMall or its licensors.
All Intellectual Property Rights discovered, developed or otherwise coming into existence as a result of, for the purposes of, or in connection with, the MedicMall Platform or the Site will automatically vest in, and are assigned to, MedicMall.
By creating an Account on, or via, the MedicMall Platform, you grant MedicMall for the Term a royalty-free, non-exclusive, transferable and worldwide licence to use your Member Profile (including registration information and Personal Information) for the purpose of providing you with access to, and use of the MedicMall Platform, the Site any ancillary products or services made available on, or via, the MedicMall Platform.

Warranties

To the maximum extent permitted by Relevant Laws, MedicMall excludes all express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), in connection with the provision of the MedicMall Platform or the Site.
Nothing contained in this agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, State or Territory legislation where to do so is unlawful.
You acknowledge and agree that, to the extent permitted by Relevant Laws, MedicMall makes no representations, warranties or guarantees in relation to the availability, continuity, reliability, accuracy, currency or security of the MedicMall Platform, the Goods or Services or any other ancillary products or services made available to you on, or via, the MedicMall Platform. You acknowledge that the Goods or Services or any other ancillary products or services made available to you on, or via, the MedicMall Platform are provided ‘as is’ and MedicMall will not be liable if the MedicMall Platform, the Goods or Services or any other ancillary products or services made available to you on, or via, the MedicMall Platform, are unavailable for any reason, including directly or indirectly as a result of:
1. telecommunications unavailability, interruption, delay, bottleneck, failure or fault;
2. negligent, malicious or wilful acts or omissions of third parties (including MedicMall’s third party service providers);
3. maintenance (scheduled or unscheduled) carried out by MedicMall or any third party service provider, including in respect of any of the systems or network used in connection with the provision of the MedicMall Platform;
4. products or services provided by third parties (including internet service providers and Suppliers) ceasing or becoming unavailable; or
5. a Force Majeure Event.
You warrant, acknowledge and agree that:
1. your use of the MedicMall Platform has not been made on the basis of any representations made by MedicMall regarding future features or functionality of the MedicMall Platform;
2. you have the full power and authority to enter into this agreement and perform your obligations contemplated by this agreement, and in doing so, you will not breach any third party rights; and
3. MedicMall does not give any warranty in relation to the reliability, legitimacy, repute, or credibility of any Supplier, Advertiser, Supplier Profile or Microsite Store, the Goods or Services provided by any Supplier, nor the ability or willingness of a Supplier to sell and deliver Goods to you, or provide the Services to you.

Limitation of Liability

To the fullest extent permitted by Relevant Laws, MedicMall will not be liable to you or any third party for:
1. direct, indirect, consequential, incidental, special or exemplary damages, expenses, losses or liabilities; or
2. loss of income, loss of profits, business interruption, loss of revenue, economic loss, loss of goodwill, loss, corruption or alteration of data, downtime costs, loss of use, failure to realise anticipated savings, loss of opportunity or expectation loss; or
3. loss of or damage to any property or any personal injury or death to you or any third person,
arising out of, relating to or connected to the provision or use of the Goods or Services, MedicMall Platform (or any other ancillary products or services made available to you on, or via, the MedicMall Platform), the Site and this agreement, regardless of the cause of action on which they are based, even if advised of the possibility of such damage occurring.
Under no circumstances will MedicMall’s aggregate liability, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, exceed the Purchase Price paid by you to MedicMall under this agreement in the preceding 1 month of the claim.
You agree to defend, indemnify and hold MedicMall, its Related Bodies Corporate and its Personnel (the Indemnified) harmless from and against any and all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal costs on a full indemnity basis) that may be brought against the Indemnified or which the Indemnified may pay, sustain or incur as a direct or indirect result of, or arising out of:
1. the access and use by you or any third party of the MedicMall Platform or the Site; or
2. any breach by you of this agreement.

Confidentiality and privacy

Save as required by law, all information and material supplied by us in relation to the MedicMall Platform, the Site, any fees payable under this agreement and the terms of this agreement are confidential and must not be disclosed by you to a third party (except your professional advisors) without our written consent. This includes, without limitation, information provided to you in any form (including written and electronic) and by any means (including during any conversations with you). Upon the expiry or termination of this agreement, such confidential information must either be destroyed or returned to us, as directed by us.
To the extent that either party comes into possession of Personal Information in the course of providing you with access to, and use of, the MedicMall Platform, the parties agree to comply with the provisions of the Privacy Act. For more information relating to our privacy practices, please see our Privacy Policy, which forms part of this agreement.

Termination

Members may terminate this agreement (without any liability to us or a Supplier, except you are liable to pay any outstanding Purchase Price or any other amounts owing to MedicMall under this agreement at the date of termination) at any time by giving MedicMall at least 1 Business Days’ written notice.
MedicMall may terminate this agreement by giving written notice with immediate effect if the Member:
1. breacheses any material term of this agreement and such breach is not remedied within 5 Business Days after receiving notice of the breach;
2. breacheses any material term of this agreement and such breach is not capable of remedy; or
3. suffers an Insolvency Event.
MedicMall may immediately terminate this agreement (without liability to you and with notice to you) if you are under 18 years of age or you fail to pay the Purchase Price or any other amounts owing to us under the agreement.
MedicMall may terminate this agreement (without any liability to you) at any time by giving you at least 1 Business Days’ written notice, except termination of this agreement will not terminate or cancel the delivery of Goods or the provision of Services orders or purchased prior to the termination of this agreement.
On termination or expiration of this agreement:
1. all licences and rights of access granted under this agreement will immediately terminate;
2. you must pay any outstanding Purchase Price in accordance with clause 11 and any other outstanding monies owing to MedicMall under this agreement within 7 days; and
3. MedicMall will delete or de-activate your Account.

Third party websites

The MedicMall Platform, a Supplier’s Microsite Store or an Advertiser’s advertising materials (as the context permits) may contain third party content or content that may link to other websites, services, products or resources on the Internet, and other websites, services, products or resources may contain links to the MedicMall. These websites are not under our control and are not maintained by us. We are not responsible for the content of those websites, resources, products or services, and accept no responsibility for them or for any loss or damage that may arise from your use of them (notwithstanding anything else contained herein). We only provide links to third party websites for your information and convenience.
Links, references or other connections to these websites, resources, products or services do not imply any endorsement of them or any association with their owners, operators or advertising material (as the context permits).
Your linking to or from these sites, or use of, or reliance on, such websites, resources, products or services is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-site pages and other websites or third-party suppliers that you visit or transact with.

Dispute Resolution

The parties may, before resorting to court proceedings (except interlocutory or interim relief), refer any dispute between the parties under or relating to this Agreement initially to a nominated representative of each party to endeavour to resolve the dispute within 20 days. If the dispute is not resolved within this period, then either party may, in its absolute discretion, initiate court proceedings.

Force Majeure

MedicMall will have no liability to you or anyone else under this agreement if it is prevented from or delayed in performing its obligations under this agreement or otherwise, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications network, act of God, natural disasters, pandemics, epidemics, sabotage, war, riot, civil commotion, computer hacking, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of hosting or data centre providers or other suppliers or sub-contractors, shortage of suppliers, equipment and materials, (Force Majeure Event).

Notice

By accessing and using the MedicMall Platform or the Site, you accept that communication with us will be mainly by telephone or electronic. We will contact you by email or telephone or provide you with information by posting notices on the Site or by other electronic means of communication.
If you have questions, complaints or require support in relation to the MedicMall Platform, please contact us by email or by telephone.
You acknowledge that all contracts, notices, information and other communication (notices) we may provide electronically comply with any legal requirements that such documents be in writing.
Notice will be deemed received and properly served immediately when posted on the MedicMall Platform or 24 hours after an email is sent to you. As proof of service, it is sufficient that the email was sent to the email address specified by you in the Registration Portal.

General

A waiver of any right under this agreement is only effective if it is in writing, and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given.
If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
This agreement, and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangements, understandings or agreements between them relating to the subject matter they cover.
Neither party shall, without the prior written consent of the other party (which will not be unreasonably withheld), assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this agreement, except that MedicMall may assign, sell or transfer its rights or obligations under this agreement to a Related Bodies Corporate or bona fide third party purchaser of MedicMall’s business.
Nothing in this agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way.
If there is any inconsistency between this agreement and the Supplier Terms of Sale (excluding title and risk in Goods under clause 10.4), this agreement shall prevail to the extent of the inconsistency.
The laws of the state of New South Wales, Australia govern this agreement. You agree to submit to the exclusive jurisdiction of the courts of New South Wales.

Contact Us

If you have any questions about this agreement, please contact us via the 'Contact Us' page on the Site

Definitions

In this agreement, the following words shall have the following meanings:
1. Account has the meaning in clause 5.1.
2. Advertiser means a party who advertises and markets (but does not sell) their Goods and/or Services on, or via, the MedicMall Platform.
3. Business Days means each day excluding Saturdays, Sundays and public holidays in New South Wales.
4. Business Hours means 9:00am to 5:00pm on Business Days
5. Cancellation Fee has the meaning in clause 13.1.
6. Force Majeure Event has the meaning in clause 21.
7. Goods or Services means goods, services, products, software or content (including all Intellectual Property contained therein) that are supplied, offered for sale and/or sold by Suppliers on, or via, the MedicMall Platform.
8. GST has the meaning in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
9. Insolvency Event means any of the following:
  1. a receiver, receiver and manager, liquidator, provisional liquidator, controller or any form of external administrator has appointed over a party or any property belonging to the party;
  2. the party enters into a scheme, arrangement, agreement or compromise with its creditors or calls a meeting of creditors;
  3. the party becomes bankrupt or insolvent; or
  4. the party has a winding-up or bankruptcy petition presented against it.
10. Intellectual Property Rights means designs, copyright, trade marks, patents, operations, software or systems, trade names and domain names, rights in goodwill, rights in confidential information, databases or other intellectual property rights, whether under statute, common law, equity, custom or usage, and whether registered or unregistered, and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist or will subsist now or in the future in any part of the world.
11. MedicMall IP has the meaning in clause 14.1.
12. MedicMall Platform means the online MedicMall marketplace platform (including all Intellectual Property Rights contained therein) provided by us to connect Members with (i) Supplier, who offer, list and advertise their Goods and/or Services for sale; and (ii) Advertises who market and advertise their Goods and/or Services, on, or via, the Site.
13. Member, you or your has the meaning in clause 1.1.
14. Member Profile means the profile of a Member that is displayed on the MedicMall Platform and which contains the Member’s business information and Personal Information, as further described in clause 6.1.
15. Member Portal means the registration portal on the Site used by the Members to subscribe to the MedicMall Platform.
16. Microsite Store means a microsite store or virtual shopfront contained within the MedicMall platform in which a Supplier can list, advertise, display and sell Goods and Services.
17. Password has the meaning in clause 5.2.
18. Personal Information has the meaning set out in section 6 of the Privacy Act 1988 (Cth).
19. Personnel means any officer, employee, agent, contractor, sub-contractor or consultant of a party.
20. Privacy Act means the Privacy Act 1988 (Cth).
21. Privacy Policy means our privacy policy available at www.medicmall.com.au or any other internet site notified by MedicMall from time to time, which is incorporated into this agreement.
22. Purchase Price has the meaning in clause 11.2.
23. Related Bodies Corporate has the meaning in the Corporations Act 2001 (Cth).
24. Relevant Laws means any relevant rules of common law, principles of equity, international, federal, state and local laws, statutes, rules, regulations, proclamations, ordinances and by-laws and other subordinate legislation, rulings, or legal requirements anywhere in the world.
25. Request for Quotation means the feature or function of the MedicMall Platform that allows a Member to request a quote from a Supplier for the purchase of Goods and/or Services.
26. Term has the meaning in clause 4.
27. Site means the MedicMall website located at www.medicmall.com.au and social media linked pages or any other internet site notified by MedicMall from time to time.
28. Supplier means a user who advertises, markets sells Goods and Services on, or via, the MedicMall Platform.
29. Supplier Terms of Sale means the Supplier’s terms and conditions of sale as displayed on the Supplier’s Microsite Store.
30. Third Party Payment Processor means Stripe Connect, Apple Pay, Google Pay and any other a third party payment processor permitted by MedicMall from time to time.