Last updated March 2008
Your use of the Website and the information on this Website is subject to our terms and conditions of use which we have set out below (the "Terms"), and by accessing and using the Website you agree, and you are signifying your agreement, that you have read, understood and agree to be bound by and subject to the Terms. Please ensure you read the Terms carefully and in their entirety. If you do not agree to these Terms do not use the Website.
permitted Use of Website
The purpose of the website is to facilitate the provision of information regarding commonly prescribed hospital and/or community extemporaneous preparations. All information provided on the Website is intended as a guide only to qualified pharmacists on the composition and preparation of extemporaneous preparations for lawful preparation and/or research purposes and should not be construed as a substitute for professional advice. This Website is not involved in the provision of any professional medical advice or diagnosis.
Extemp does not make any representation that the information on the Website are appropriate or suitable for use in countries other than Ireland, or that they comply with any legal or regulatory requirements in any such other countries.
The Website is an information service only where pharmacists at a number of Irish hospitals (the "Hospitals") have agreed to share their formulae for extemporaneous compounding, which is displayed on the Website for ease of reference in a single monograph for each formulation, containing the information provided by the Hospitals in one document. We do not screen or validate any information supplied by the Hospitals, nor do we endorse any particular formula provided. If you decide to rely on any of the information on this Website, you do so at your own risk.
The information provided on the Website is provided for the purpose of providing information on extemporaneous preparations to qualified pharmacists based on prescriptions received from qualified medical practitioners who have completed a registration form and have authenticated their identity with a password.
YOU MAY NOT USE THE RESOURCES AVAILABLE ON THIS WEBSITE IF YOU ARE NOT A REGISTERED PHARMACIST IN IRELAND
We cannot guarantee that the information published on this Website is error free and therefore you acknowledge that the information available on or through this Website may include inaccuracies or typographical errors, despite our efforts to make sure this is not so. Extemp.ie disclaims all liability for any errors relating to the information and description of the extemporaneous compounds.
We do not review or check the validity or accuracy of any content or information provided to us from the hospitals which is placed on this Website. Your use or reliance on content placed or submitted to this Website is entirely at your own risk and to the greatest extent permitted by law, you hereby waive all rights and claims that you may have against us, the hospitals or other providers of information in respect of such content and/or your or any third party's use and/or reliance on it.
Information is provided on the terms and conditions that neither Extemp, nor the publisher, authors, consultants and editors of the information on this Website are responsible for the results of any actions taken on the basis of information provided.
You acknowledge that this website has been specifically designed for use in the Republic of Ireland, and you agree not to use or access it in and from jurisdictions in which it or its contents are restricted or prohibited by local law.
You represent and warrant that the information you provide about yourself when registering or otherwise is with true, accurate and up-to-date.
You are fully responsible for all actions taken under your account and you agree only to use the Website and/or the information on the Website using your own user name and password. You must make all reasonable efforts to keep your password safe. You agree to immediately notify us of any unauthorised use of your user name and/or password. Extemp may at its absolute discretion, refuse to accept your application to become a registered user, terminate your registration without prior notice at its sole discretion.
This clause limits our legal liability to you for your access to and use of the Website. You should read this clause carefully. You acknowledge that you have entered into these Terms relying on the disclaimers stated herein and that those disclaimers are an essential basis of this contract.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW WE ASSUME NO RESPONSIBILITY NOR DO WE GRANT ANY WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE OPERATION, SAFETY, CONDITION of any information, RESOURCE or any other content on this website USED WHOLLY OR IN PART BY, FOR OR ON BEHALF OF YOU. WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF the parties who provided the Resources or any other content to the website OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING from the information, Resource or any content on the website. EXTEMP MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS ABOUT THE SERVICE OR RESOURCES ON THE WEBSITE INCLUDING WITHOUT LIMITATION, THEIR ACCURACY, THEIR COMPLETENESS OR THEIR MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
ALL USE BY YOU OF THE WEBSITE and the Resources IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU ASSUME COMPLETE RESPONSIBILITY FOR, AND FOR ALL RISK OF LOSS RESULTING FROM, YOUR USING OF, OR REFERRING TO OR RELYING ON THE SERVICE OR RESOURCES PROVIDED ON THE WEBSITE, OR ANY OTHER INFORMATION OBTAINED FROM YOUR USE OF THE WEBSITE. YOU AGREE THAT EXTEMP AND PROVIDERS OF the information, resources and any other content TO the website and/or to EXTEMP WILL NOT BE LIABLE FOR DAMAGES ARISING OUT OF YOUR USE OR YOUR INABILITY TO USE THE WEBSITE, AND YOU HEREBY WAIVE ANY AND ALL CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACT, TORT OR OTHER GROUNDS.
Limitation of Liability
This clause limits our legal liability to you for your access to and use of the Website and the Resources. You should read this clause carefully. You acknowledge that you have entered into these Terms relying on the disclaimers stated herein and that those disclaimers are an essential basis of this contract.
To the maximum extent permitted by applicable law, neither Extemp nor any of its officers, directors, employees, agents, partners, licensors, affiliates or other representatives will be liable for loss or damages arising out of or in connection with your use of the Website, facilities the Resources or any other content offered on, through or from the Website including, but not limited to, direct, indirect, incidental, special or consequential loss or damages, loss of data, loss of income, profit or opportunity, loss of or damage to property and claims of third parties, even if Extemp has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable. In no event shall Extemp nor any of its officers, directors, agents, employees, affiliates or other representatives be
liable for any loss or damages whatsoever resulting from the statements or conduct of any third party or the interruption, suspension or termination of the Website, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.
Without limiting the foregoing, under no circumstances shall Extemp or any of its officers, directors, agents, employees, affiliates or other representatives be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, typographical errors, internet failure, computer equipment failures, telecommunication failures, other equipment failures, electrical power failures, strikes, lay-way disputes, riots, interactions, civil disturbances, shortages of labour or materials, fires, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or the non-performance of third party.
You agree to defend, indemnify, keep indemnified and hold Extemp (and as applicable, its officers, directors, employees, agents, licensors, subsidiaries, affiliates, suppliers and any of our third party information service providers) harmless against any and all demands, losses, expenses, damages and costs, including legal costs, and claims made by or liabilities to any third party resulting from any activities resulting from your use or misuse of the Website, the Resources, or otherwise arising out of your breach of these Terms.
Copyright Notice and Limited Licence
The information, including but not limited to, monographs, links to journal and research articles and historical formulae, content, graphics, text, sounds, images, buttons, get-up, trademarks, service marks, trade names and logos (the "Resources") contained in the Website are protected by copyright, trade mark, database right, sui generis right and other intellectual property laws, under national laws and international treaties. Extemp and/or its licensors (as the case may be) retain all right, title, interest and intellectual property rights in and to the Resources.
Any other use of the Resources on the Website, including in any form of copying or reproduction (for any purposes other than those noted above) modification, distribution, uploading, re-publication, extraction, re-utilisation, incorporation or integration with other Resources or works or re-delivery using framing technology, without the prior permission of Extemp is strictly prohibited and is a violation of the proprietary rights of Extemp. Other than as expressly provided herein nothing in these Terms should be construed as conferring by implication or otherwise any licence or right under any copyright, patent, trade mark, database right, sui generis right or other intellectual property or proprietary interest of Extemp, its licensors or any third party.
Use of website
You agree not to use this Website or any of its facilities and/or services for any purpose that is unlawful or prohibited by these Terms including but not limited to:
any purpose that is fraudulent, unlawful or prohibited by these Terms;
copying, modifying, transmitting, displaying, distributing, performing, reproducing, licensing, publishing, creating derivative works from, transferring or selling any information contained on or forming part of this Website, or otherwise using such content of the Website for resale, redistribution or for any other commercial use whatsoever;
accessing or using the Website in and from jurisdictions which restricts or prohibits same by local law;
accessing or using the Website in any manner which could damage, disable, overload, flood, mail bomb, crash or impair the Website or interfere with any other party's use and/or enjoyment of the Website;
transmitting material which may cause harm to our or any other party's computer systems, including but not limited to any material which contains viruses, Trojan horses, worms, spyware, adware, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy or otherwise impair a computer's functionality or the operation of the Website;
harassing, harming or abusing another person, or contacting, advertising, soliciting, selling to any other person without their prior written consent or transmitting or relaying spam, junk email or chain letters;
accessing data or materials not intended for your use; logging into a server or account which you are not authorised to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; or impersonating any person or entity, or falsely stating or otherwise misrepresenting their identity or affiliation in any way;
attempting to gain unauthorised access to the Website, or any computer systems and networks connected to any our website, through hacking, password miming or any other means; or
harvesting or otherwise collecting by any means any program material or information (including without limitation email address or details of other Users) from the Website or monitoring, mirroring or copying any content of the Website without the prior written consent of us.
Links to Third Party Websites
The Website contains links to third party websites. Your use of third party websites is subject to the terms and conditions of use contained within each of those websites. Access to and use of any other website through the Website is at your own risk. Extemp is not responsible or liable for the accuracy of any information, data, opinions, or statements made on third party websites or the security of any link or communication with those websites. Extemp reserves the right to terminate a link to a third party website at any time. The fact that Extemp provides a link to any third party website does not mean that Extemp endorses, authorises or sponsors that website, nor does it mean that Extemp is affiliated with the third party websites, owners or sponsors. Extemp provides these links merely as a convenience for those who use the Website.
Although Extemp endeavours to ensure the Website is available at all times, there may be occasions when interruption to the Website may occur, e.g. to allow maintenance, upgrades and emergency repairs to take place, or due to failure of telecommunications links and equipment that are beyond our control. You agree that Extemp shall not be liable to you for any loss incurred by you resulting from your failure to access the Website of from any modification, suspension or discontinuance of the Website.
Changes in Terms and Conditions
To the greatest extent permitted by applicable law, Extemp reserves the right to change the content, services, presentation, performance, user facilities and/or availability of any part of the Website at its sole discretion, including these Terms from time to time. Please read the Terms prior to every visit that you pay to the Website as the Terms are subject to change.
Provision of information
Information sent over the internet cannot be guaranteed to be completely secure as it is subject to possible interception or loss or possible alteration. You understand and agree to assume the security risk for any information you provide using the Website. We are not responsible for any information sent over the internet and will not be liable to you or anyone else for any damages or other loss incurred in connection with any information sent by you to us or any information sent by us to you over the internet.
Jurisdiction and Governing Law
The Website is controlled and operated by Extemp from Ireland. In accessing the Website, you do so at your own risk and on your own initiative, and are responsible for compliance with local laws, to the extent any local laws are applicable.
The Terms shall be governed by and construed in accordance with the laws of Ireland, and you hereby agree for the benefit of Extemp and without prejudice to the right of Extemp to take proceedings in relation to the Terms before any court of competent jurisdiction, that courts of Ireland shall have jurisdiction to hear and determine any actions or proceedings that may arise out of or in connection with these Terms, and for such purposes you irrevocably submit to the jurisdiction of such courts.
The failure of Extemp to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You acknowledge the Terms constitute the entire agreement between you and Extemp and govern your use of the Website superseding any prior agreements between you and Extemp. In the case of inconsistencies between the Terms and information included in off-line materials, (e.g., promotional materials and flyers), the Terms will always prevail. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
Extemp may at any time, without notice to you, suspend or terminate your access to this Website, wholly or partially for any reason, including without limitation, where you are in breach of these Terms, or if Extemp cannot verify or authenticate any information submitted to the Website, or if for any reason Extemp suspends or discontinues the Website.
Extemp reserves the right, at its sole discretion, to pursue all of its legal remedies upon breach by you of these Terms, including but not limited to deleting and discarding any data from the Website and restricting your ability to access the Website. Further, you agree that Extemp shall not be liable to you or any third party for any modification, termination or suspension of your access to the Website provided through the Website.