Terms and Conditions

 

 

1.1
Faculty of Pain Medicine of the Australian and New Zealand College of Anaesthetists
Policy for use of OPIOID CALCULATOR Application
  1. This opioid dose equivalence mobile phone Application (App) is intended to assist the comparison of different opioid regimens in individual patients or in patient cohorts. It is not, and is not intended to replace, medical advice for any particular patient or circumstance.
  2. Caution is required if opioid dose equivalence tables are used to guide opioid prescribing, as the administration of a calculated 'equivalent' dose of the replacement opioid may lead to over-dosage.
  3. It should be noted that there is considerable variability in pharmacokinetics and pharmacodynamics of different opioids, within and between individual patients. In addition interactions with non-opioid drugs can strongly influence opioid pharmacokinetics.
  4. Modified-release formulations can be sub-classified as delayed- or extended- release. Extended release of a drug can be achieved using sustained- or controlled-release delivery systems. When the opioid regimen includes modified- and immediate-release preparations, both should be included in calculation of the oral morphine equivalent daily dose (oMEDD).
  5. Methadone, fentanyl lozenges and neuraxial opioids are not included in this App due to their complex and variable pharmacokinetics.
  6. The conversion factors listed are derived from pooled data in the peer-reviewed literature and pharmaceutical company product information.
  7. Any advice or treatment for any particular patient remains the responsibility of the practitioner. Each case is difference, and practitioners need to make their own judgment and consider the individual circumstances in each case.
1.2
Terms and Conditions

Welcome to OPIOID CALCULATOR, an iOS/Android application (the Application). These are the Terms and Conditions for use of the Application. These Terms and Conditions apply whenever you access or use the Application. By installing, accessing or using the Application you will be deemed to accept these Terms and Conditions. If you do not wish to accept these Terms and Conditions, you must not install or use the Application.

Use of the Application

  1. Faculty of Pain Medicine of the Australian and New Zealand College of Anaesthetists (ABN 82 055 042 852) (referred to as “FPM”) is the owner of the Application and FPM is solely responsible under these Terms and Conditions for the Application and its content.
  2. Users of the Application (you) agree to be bound by these Terms and Conditions, which may be updated from time to time. By downloading, accessing or using the Application, you agree to be bound by these Terms and Conditions, as they exist at that time.
  3. These Terms and Conditions apply between you and FPM only, and not between you and Apple or any of its subsidiaries, or between you and any of FPM’s affiliates.
  4. FPM may at any time (without prejudice to its other rights or remedies) immediately terminate the Application licence granted to you in the event that you fail to comply with these Terms and Conditions.
  5. From time to time, FPM may update the Application and to continue using the Application, you may need to download and install the new version. By doing so you agree to be bound by these Terms and Conditions, as they exist at that time.
  6. This application may only be used by authorised health care professionals that are residents of Australia and for educational purposes.

Intellectual Property

  1. All intellectual property rights relating to the Application are owned by FPM or its affiliates or licensors. You acquire no rights or licences in or to the Application other than the limited right to use the Application in accordance with these Terms and Conditions. All rights not expressly granted under these Terms and Conditions are reserved by FPM.
  2. You must not do anything with the Application that is not expressly authorised by these Terms and Conditions. Without limitation, you must not copy, distribute, modify, adapt, reverse engineer, decompile or disassemble the Application, or merge the Application with any other software.
  3. In the event of any third party claim that the Application, or your possession or use of the Application in accordance with these terms, infringes that third party’s intellectual property rights (other than by reason of content you have elected to use with the Application), FPM and not Apple or any of FPM’s affiliates will (subject to these Terms and Conditions) be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property claim and you must provide all reasonable co-operation to FPM in connection with that matter.

Application licence

  1. Subject to your compliance with these Terms and Conditions, FPM grants to you a non-exclusive, non-transferable, non-sublicensable licence to download, install, access and use the Application on two authorised iOS products (the Licensed Device), solely for use by you for your educational purposes in accordance with these terms and conditions and the Usage Rules set out in the App Store Terms of Service. You must not use the Application for any commercial or business purposes. You must abide by all applicable copyright laws and by all additional copyright notices or restrictions contained in or associated with the Application. Use of the Application on devices other than the Licensed Device requires the purchase of additional licences.
  2. You may upload or create Content using the Application. Content means data and other information or materials uploaded or created by you or on your behalf in connection with your use of the Application (but does not include the data, images, documents and other information or materials included by FPM with the Application). You warrant that you are the owner or authorised user of the Content and you must not upload, transmit or distribute Content that breaches any law or infringes any third party rights.
  3. You must comply with any applicable third party terms of use associated with the use of the Application on your authorised iOS device.

Liability

  1. The information provided in the Application is intended to assist in your calculation and comparison of different opioid regimes in individual patients or in patient cohorts. It is your responsibility to prescribe appropriate treatments in accordance with your clinical judgment. The information in the Application must not be relied on or interpreted as medical or other advice in relation to your treatment of a patient and you must review the Product Information of a medication before prescribing that medication to a patient. This App has been created having regard to general circumstances, and it is the responsibility of the practitioner to have express regard to the particular circumstances of each case, and the application of this App in each case. The App is reviewed from time to time, and it is the responsibility of the practitioner to ensure that the practitioner has obtained the current version. The App has been created having regard to information available at the time of preparation, and the practitioner should therefore have regard to any information, research or material which may have been published or become available subsequently. Whilst FPM endeavours to ensure that the App is as current as possible at the time of preparation, it takes no responsibility for matters arising from changed circumstances or information or material which may have become available subsequently.
  2. To the maximum extent permitted by law, FPM and its affiliates and their respective directors, officers, employees and agents exclude all liability for any loss or damage (including, without limitation, direct, indirect, special or consequential loss or loss of profits) you suffer, whether arising under contract, tort (including negligence), equity, statute or any other cause of action, or otherwise, as a result of using or accessing the Application, or any content, information, products or services available on or from the Application, including (without limitation) as a result of any treatment prescribed by you. You release all such entities and persons from all such liability.
  3. You indemnify and hold FPM and its affiliates and their respective directors, officers, employees and agents harmless from and against any action, claim, liability, loss or expense relating to or arising from your Content or your use of the Application.
  4. The Application is provided "as is". To the fullest extent permitted by law, FPM and its affiliates exclude all warranties, representations, implied terms and guarantees about the currency, accuracy, suitability, functionality or reliability of the Application and any content or information associated with the Application. Without limitation, FPM and its affiliates do not warrant that:
    • the Application is compatible with your hardware or software;
    • functions of the Application (or which you access through the Application) will be uninterrupted or error free;
    • defects will be corrected; or
    • the Application or any server that makes it available is free of errors or viruses, worms or "Trojan horses".
  5. Without limitation to the rights and remedies you may have under the Competition and Consumer Act and to the extent permitted by law, the liability of FPM and its affiliates is limited, at its option, to the replacement, repair or resupply of the relevant goods, or the resupply or a refund of the cost of the relevant services.
  6. To the maximum extent permitted by law, Apple has no warranty obligation whatsoever with respect to the Application or for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Application to conform to any applicable warranty.
  7. FPM alone, not Apple or any of FPM’s affiliates, is (subject to these Terms and Conditions) responsible for addressing any claims you (or a third party) may make relating to the Application or your possession and/or use of the Application, including, but not limited to:
    • product liability claims;
    • any claim that the Application fails to conform to any applicable legal or regulatory requirement; and
    • claims arising under consumer protection or similar legislation.
  8. You acknowledge neither Apple nor FPM has any obligation to furnish you with maintenance and support services with respect to the Application or your use of the Application.

General

  1. These Terms and Conditions are governed by and to be interpreted in accordance with the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts having jurisdiction there.
  2. If any of these Terms and Conditions is invalid, unenforceable or illegal in a particular jurisdiction, that term will be struck out for that jurisdiction only and the remaining terms will remain in full force.
  3. If FPM does not act in relation to a particular breach by you of these Terms and Conditions, this will not be treated as a waiver by FPM of any right.
  4. Solely to the extent that these Terms and Conditions apply to the Application, Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms and Conditions, and upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you with respect to the Application as a third party beneficiary.
  5. We agree that in the event any part of these terms and conditions is determined to violate local laws, rules, or regulations, we will negotiate in good faith revisions to the relevant provision or provisions that are in violation.
  6. If we are unable to agree to new or modified terms under clause 27 so as to bring these terms and conditions into compliance, either of us may terminate these terms and conditions immediately by written notice to the other party.
  7. If you have any questions, complaints or claims in relation to the Application you should contact FPM:
Faculty of Pain Medicine
Australian and New Zealand College of Anaesthetists
630 St Kilda Rd Melbourne Vic 3004
Australia

P: +61 3 8517 5337

F: +61 3 9510 6786