Evermed Prescribe
Terms and Conditions
These terms were last updated on 1 September 2025.
In these Evermed Prescribe Terms and Conditions:
- when we say you or your, we mean the Healthcare Provider Organisation set out in the Order Form;
- when we say we, us, or our, we mean Medication Pty Ltd t/as Evermed (ABN 54 651 641 342) ; and
- any reference to Terms means these Evermed Prescribe Terms and Conditions.
These Terms contain the core legal and commercial terms that apply to your use of Evermed Prescribe. These Terms, along with:
- any Special Conditions that we agree in writing;
- any Modules that you accept via Evermed Prescribe; and
- the Order Form, which contains all of the details about your purchase, including your Subscription Service, Subscription Term and Subscription Fees,
set out your rights and obligations when accessing our Services.
We’ve aimed to keep these documents as readable as possible, but in some cases for legal reasons, some of the language is necessarily “legalese”. Understanding these terms is important because, by accessing or using our Services, you are agreeing to these Terms.
We update these terms from time to time. We will let you know when we update the Terms via email or through Evermed Prescribe.
OUR DISCLOSURES
Please read these Terms carefully before you accept. We draw your attention to:
- our privacy policy (on the Site) which sets out how we will handle your Personal Information;
- clause 1.10 (Variations) which sets out how we may amend these Terms;
- clause 3 (Fees) which sets out important information about payments and recurring services, including whether you can cancel the Services and whether any of the Services auto-renew; and
- clause 10 (Liability) which sets out exclusions and limitations to our liability under these Terms.
We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link in the Services, or for featuring certain goods or services on the Services.
These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.
- OUR SERVICES
- Access. During the Term, we will provide you and your Authorised Users access to use the Service as described in these Terms and the applicable Order. You may subscribe to additional features of the Service by placing an additional Order. Once any additional Order(s) have been accepted by the Parties, it will be governed by these Terms.
- Beta Services. If we provide you with access to any Beta Services, you acknowledge that because of the developmental nature of such services, you use them at your own risk and we have no obligation to maintain or provide error corrections. Any new or beta services we provide you with access to are for evaluation purposes only and not for production use, and we may discontinue those services at any time at our sole discretion.
- Contracted Service Provider. We need to be, and you must ensure that we are, enabled as a Contracted Service Provider for your Healthcare Provider Organisation in PRODA by a Responsible Officer or Organisation Maintenance Officer.
- Free Trial. We may provide your Authorised Users access to use our Free Services at any time. If you register for a free trial to use our Free Services, we will make the applicable Subscription Service available to you on a trial basis free of charge until the earlier of:
- the end of the free trial period; or
- the start date of your paid subscription.
- API. Where Subscription Services include the provision of an application programming interface (API), you agree to only use the API in accordance with the documentation that we provide to you. You acknowledge that you will not be granted access to the API unless you sign our API Licence Agreement.
- Third Parties. Where you engage third parties to operate alongside the Subscription Services (for example, any third-party software systems you wish to integrate via our API), those third parties are independent of us and you are responsible for (meaning we will not be liable for) the goods or services they provide, unless we expressly agree otherwise. We might provide some of the elements of the Service through third party service providers. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, those providers.
- Prescription Management: The Service enables prescription cancellation and amendment only in accordance with:
- applicable PBS and RPBS requirements;
- all applicable laws, including state and territory medicines and poisons legislation;
- professional registration body guidelines; and
- Prescription Exchange Service protocols.
- Account Closure. If you close your Account, you and your Authorised Users will lose access to the Services. All of your data in the Subscription Service may be permanently deleted and we will not recover it.
- Modifications. We may modify our Services, including adding, changing or removing features, functions, limits, settings or add-ons at any time.
- Variations. We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use our Services after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may terminate these Terms with effect from the date of the change in these Terms by providing written notice to us. If you terminate these Terms, you will no longer be able to access our Services on and from the date of termination.
- USERS AND YOUR OBLIGATIONS
- Authorised Users. You may invite Authorised Users to access and use the Services under your Account. You are responsible for ensuring that your Authorised Users comply with these Terms. You may change who your Authorised Users are at any time through your Account, and what access rights or permissions they have when using the Services. Any limitations on the number of Authorised Users you can have will be set out in your Account or Order.
- Authorised Prescribers. Authorised Users will not be able to prescribe unless you approve them for electronic prescribing capability. You warrant that you will only approve Authorised Users as Authorised Prescribers where:
- they are Individual Healthcare Providers with the legal right to prescribe scheduled medication in accordance with Health Practitioner Regulation National Law Act 2009 (Cth) and as it exists in the state relevant to you and your Authorised User;
- they are authorised to prescribe medications as part of the work that they do for you;
- they hold current registration with AHPRA in a profession authorised to prescribe scheduled medicines;
- their registration including prescribing endorsements relevant to their intended use;
- they have completed mandatory electronic prescribing training; and
- you have verified their identity and qualifications through AHPRA’S online register before granting approval.
- Identify Verification. Before accessing our Service, you and your Authorised Users may be asked to pass our identity verification process ( Identity Check ). We may conduct this process ourselves or through a third party. You agree to co-operate with us in carrying out the Identity Check, including by providing us with any Personal Information necessary to complete this process (such as your name, proof of address, pharmacy licence number, AHPRA registration number and proof of identity). Where we have engaged a third party to carry out the Identity Check, you consent to us disclosing your Personal Information to that third party for this purpose.
- Integrity of Information. While you have an Account with us, you agree to:
- keep your information up-to-date and ensure it remains true, accurate and complete;
- keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and
- notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account.
- Prohibited and Unauthorised Use. You must not, and must ensure that your Authorised Users do not:
- use the Service in a way that violates these Terms;
- use the Service in a way that violates the laws of Australia or any Australian state or territory, or gives rise to any civil or criminal liability;
- use the Services in any way that is improper, infringes any person's rights, including intellectual property rights and privacy rights;
- use the Service in a way that violates our agreements with a Prescription Exchange Service;
- interfere with or interrupt of the supply of the Services, or any other person’s access to or use of the Services;
- interfere with or interrupt the supply of our Service, or any other person’s access to or use of our Services;
- introduce any viruses or other malicious software code into our Service;
- attempt to access any data or log into any server or account that you are not expressly authorised to access;
- directly or indirectly copy, decompile or reverse engineer the Service;
- use our Service to send unsolicited electronic messages;
- use dating mining, robots, scraping or other data gathering and extraction tools on our Service;
- access or use our Service to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted; or
- access or use our Service to post or transmit material that infringes or is alleged to infringe on the copyright or trademark rights of any person or entity.
- Clinical Governance. You must maintain appropriate clinical governance frameworks for electronic prescribing, including:
- policies for prescription review and authorisation;
- oversight and monitoring of your Authorised Users;
- incident reporting procedures for prescription errors; and
- regular review of prescribing patterns and outcomes.
- You must maintain all insurance policies which a reasonably prudent Healthcare Provider Organisation in your position would maintain, including but not limited to professional indemnity cover and public liability insurance and ensure that all of your Authorised Users have the relevant insurance, where applicable.
- FEES
- Subscription Fees Fixed Period. The Subscription Fee will not increase during the Current Term of your Subscription Service unless:
- you exceed your Prescription Limits, as set out on your Order;
- you upgrade products or base packages;
- you subscribe to additional features or products, including additional Contacts or Modules; or
- otherwise agreed to in your Order Form.
- Subscription Fee Adjustments. Upon renewal, we may increase your Subscription Fees up to our then-current list price set out on the Site or as communicated in writing to you. If this increase applies to you, we will notify you at least thirty (30) days in advance of your renewal and the increased Subscription Fees will apply at the start of the next Renewal Term. We may also choose to decrease your Subscription Fees upon written notice to you.
- Payment of Fees. The Payment Method is set out in your Order. You authorize us to charge your Payment Method for all fees payable during the Subscription Term. During the Subscription Term, we may refuse your existing Payment Method (for example, if we believe fraud may be associated with the payment method) and require you to update your Payment Method.
- Payment Processor. You authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.
- Sales Tax. You are responsible for paying any levies or taxes associated with your use of the Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).
- AVAILABILITY, DISRUPTION AND DOWNTIME
- While we strive to always make the Services available to you, we do not make any promises that these will be available 100% of the time. The Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.
- The Services may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.
- We will try to provide you with reasonable notice, where possible, of any disruptions to your access to the Services.
- TERM AND TERMINATION
- Your Initial Term will be specified in your Order Form. Unless otherwise specified in your Order Form, provided you have paid all fees owing, your Subscription Service will automatically renew for recurring monthly periods ( Renewal Term ). Your Current Term is your then-current committed period of Subscription Services, as either an Initial Term or Renewal Term.
- Except as specifically provided for in these Terms, you may not cancel your subscription prior to the end of your Current Term, and we will not provide any refunds of prepaid fees or unused Subscription Fees through the end of your Current Term.
- You may choose to cancel your subscription at the end of the Current Term by providing notice as specified in this section. Unless otherwise specified in these Terms or your Order, you or we must give written notice of non-renewal, and this written notice must be received before the next Renewal Term begins. If you decide not to renew, you may send this non-renewal notice to us by indicating that you do not want to renew by accessing the billing details information in your Account and turning auto-renew off.
- We may suspend your access to the Services, or that of any of your Authorised Users:
- without notice where we reasonably believe there has been Prohibited and Unauthorised Use;
- if your Subscription Fees remain unpaid for a period of ten (10) days after we have provided notice to you of late payment. We will not suspend the Service if you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. If a Service is suspended for non-payment, we may charge a re-activation fee to reinstate the Service;
- upon notice to you if your use of the Service:
- is being subjected to denial of service attacks or other disruptive activity,
- is being used to engage in denial of service attacks or other disruptive activity,
- is creating a security vulnerability for the Service or others,
- is consuming excessive bandwidth or storage, or
- is causing harm to us or others; or
- if you are accessing a Free Service for any reason at any time without notice.
- We may terminate these Terms (meaning you will lose access to the Services, and any Subscription Services will be cancelled) if:
- you fail to pay your Subscription Fees when they are due more than 3 times in a row;
- you or your Authorised Users breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;
- you or your Authorised Users breach these Terms and that breach cannot be remedied; or
- we decide to discontinue the Services, in which case we will provide you with at least 90 days’ written notice and if you have paid upfront for ongoing access to any of the Services (excluding one-time purchases) we will issue you a pro-rata refund for such Services; or
- you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement).
- You may terminate these Terms if:
- we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or
- we breach these Terms and that breach cannot be remedied, and if you have paid fees for recurring Services upfront, you will be issued a pro-rata refund of any unused part of those fees based on the portion of the then-current Services period remaining.
- Upon termination of these Terms, we will retain:
- Your Data (including copies) as required by law or regulatory requirements.
- Prescription Data until the expiry of the prescription.
- This clause 5 will survive the termination or expiry of these Terms.
- INTELLECTUAL PROPERTY
- We own all intellectual property rights in the Services. This includes how the Services look and function, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on the Services.
- We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.
- This clause 6 will survive the termination or expiry of these Terms.
- YOUR DATA
- We do not own any of Your Data, but when you enter or upload any of Your Data into the Services, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data for the duration of your use of the Services (and for a reasonable period of time afterwards).
- We may use Your Data, or disclose it to third party service providers, to:
- supply the Services to you and your Authorised Users (for example, to enable you and your Authorised Users to submit prescriptions to the Prescription Exchange Service), and otherwise perform our obligations under these Terms;
- diagnose problems with the Services;
- improve, develop and protect the Services;
- send you information we think may be of interest to you based on your marketing preferences;
- perform analytics for the purpose of remedying bugs or issues with the Services; or
- perform our obligations under these Terms (as reasonably required).
- You grant us a non-exclusive, non-transferable, royalty free licence to access, analyse, backup, copy, store, transmit, and otherwise use Prescription Data for the following purposes:
- generate an evidence of prescription;
- enable a patient to transact on a prescription via Evermed.com.au, Evermed Engage or via our API; and
- enable a prescription to be added to a script wallet on Evermed.com.au, Evermed Engage or via our API.
- You acknowledge and agree that because of the nature of the internet, the processing and transmission of Your Data by us may occur over various networks.
- You are responsible, meaning we are not liable, for:
- the integrity of Your Data on your systems, networks or any device controlled by you or your Authorised Users; and
- backing up Your Data.
- When you use the Services, we may create anonymised statistical data from Your Data and usage of the Services (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve the Services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make underlying portions of Your Data identifiable.
- If you do not provide Your Data to us, it may impact your ability to receive the Services.
- This clause 7 will survive the termination or expiry of these Terms.
- CONFIDENTIAL INFORMATION AND PERSONAL INFORMATION
- While using the Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any Authorised Users, employees, contractors, professional advisors or agents of ours or yours only have access to confidential information on a ‘need-to-know basis’ (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information.
- However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.
- We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on the Site, and applicable privacy laws.
- You must only disclose Personal Information to us if you have the right to do so including:
- obtaining the individual’s express, informed, specific, current and voluntary consent;
- ensuring any health information disclosure complies with applicable state and territory health privacy legislation;
- maintaining records of consent in accordance with all applicable laws and professional registration requirements; and
- ensuring compliance with the My Health Records Act 2012 (Cth) where applicable.
- We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors).
- Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.
- This clause 8 will survive the termination or expiry of these Terms.
- CONSUMER LAW RIGHTS
- In some jurisdictions, you may have guarantees, rights or other remedies provided by law ( Consumer Law Rights ), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms.
- Subject to your Consumer Law Rights, we do not provide a refund for a change of mind or change in circumstance.
- If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
- This clause 9 will survive the termination or expiry of these Terms.
- LIABILITY
- To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with:
- your computing environment (for example, your hardware, software, information technology and telecommunications services and systems); or
- any use of the Services by a person or entity other than you or your Authorised Users.
- Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:
- neither we or you are liable for any Consequential Loss;
- a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss;
- (where the Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and
- our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to the amount of any fees paid by you to us during the 12 months immediately preceding the event giving rise to the Liability, or if you use our Free Service, to AU$1,000.
- This clause 10 will survive the termination or expiry of these Terms.
- GENERAL
- Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.
- Disputes: Neither we nor you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. If the Dispute is not resolved at that initial meeting:
- where you are resident or incorporated in Australia, refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation; or
- where you are not resident or incorporated in Australia, refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Sydney, New South Wales, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules.
- Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including the Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.
- Governing law: These Terms are governed by the laws of New South Wales, and any matter relating to these Terms is to be determined exclusively by the courts in New South Wales and any courts entitled to hear appeals from those courts.
- Illegal Requests: We reserve the right to refuse any request for or in relation to the Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.
- Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.
- Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.
- Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address registered against your Account.
- Professional Services Disclaimer: The Services do not constitute, and are not a substitute for, financial, legal, medical or risk management advice.
- DEFINITIONS
- In these Terms:
- a Pharmaceutical Benefits Scheme prescription;
- a Repatriation Pharmaceutical Benefits Scheme prescription;
- a prescription under a co-payment prescription;
- a Private prescription; and
- a repeat authorisation.