Terms and Conditions

TERMS OF USE

1. About the Website

    1. Welcome to aussiepharmacy.com.au (‘Website’). The Website is a shopping website which allows you to browse, select and order products (‘Products’) advertised on the Website and to set up an account with us (collectively, the ‘Services’).
    2. The Website is operated by Aussie Pharmacy Pty Ltd (ABN 50 656 111 714) (‘Aussie Pharmacy’, ‘us, ‘we’). Access to and use of the Website, or any of its associated Products or Services, is provided by Aussie Pharmacy . 

2. Acceptance of the Terms

    1. We want our customers (‘you’, ‘your’) to have a secure and enjoyable experience when visiting the Website. Please read these terms and conditions (‘Terms’) carefully. By using, browsing or reading the Website, ordering Products and/or creating an account, you agree to be bound by these Terms. If you do not agree with the Terms, you must cease use of the Website, or any Services, immediately.
    2. Aussie Pharmacy reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication, except that the previous version of the Terms continue to apply to any orders for Products that have been placed before the date the updated Terms came into effect. By continuing to access the Website, use the Services or your account and/or place orders for Products, you agree to the updated Terms.
    3. Aussie Pharmacy may, without notice to you, and at any time, modify or discontinue any Products or Services offered on the Website.
    4. Where the provisions of any consumer protection law or other mandatory legislation that cannot be legally excluded apply (which are described below), these Terms will be read subject to the application of that law, and in the case of any conflict, the provisions of that law will apply.

3. Privacy Policy

    1. To offer the Products and Services or to create an account for you, we will need to collect your personal information from time to time.  You warrant that the information you provide to us is correct, complete and current and not misleading or deceptive or likely to mislead or deceive.
    2. Our Privacy Policy sets out how we collect and use personal information.  You can find our Privacy Policy here: https://www.aussiepharmacy.com.au/privacy-policy  By using the Website, you acknowledge and warrant that you have read and fully understood our Privacy Policy and consent to us collecting and dealing with your personal information in accordance with the Privacy Policy. 

4. Electronic Communication

    1. You consent to Aussie Pharmacy communicating electronically with you in respect of your use of the Website and/or Services. You authorise us to act on instructions received from you electronically. 
    2. Such consent and authority will apply to all communications permitted to take place electronically by law including but not limited to: (a) notifications about your orders; (b) electronic chats with a pharmacist; and (d) notices from you to us.
    3. We will rely on this consent to communicate with you by: (a) electronic mail (‘e-mail’) to the e-mail address that you have notified to us; (b) making a notice available for you to access on our Website; (c) any other method of electronic communication; and/or (d) ordinary mail to the address on our records. 
    4. You must ensure that: (a) you check your e-mail regularly for notices and other communication from us; (b) your e-mail address remains current (or otherwise notified to us); and (c) e-mails from us to your e-mail address are not blocked.
    5. We rely on you to keep your nominated e-mail or physical (street) address details up-to-date and to notify us when they change.
    6. Where we have your consent or you have provided your contact details in circumstances where you would reasonably expect to receive marketing from us, we may send you marketing and promotional communications. For example, we may send an e-mail to your e-mail address each month to tell you that our catalogue can be viewed online. You may opt-out of receiving marketing and promotional communications by using the unsubscribe facility provided in each of our marketing and promotional communications, or by contacting us at support@aussiepharmacy.com.au.

5. Medical Advice Disclaimer

    1. THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE.
    2. The information, including but not limited to, text, graphics, images and other material contained on this website, is for general informational and educational purposes only and does not constitute medical or professional advice. No material on this site is intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition or treatment and before undertaking a new health care regimen, and never disregard professional medical advice or delay in seeking it because of something you have read on this Website.

6. Reviews and Comments

    1. The reviews posted by consumers on the Website are provided by independent third parties and do not reflect the views of Aussie Pharmacy.
    2. We may remove or edit reviews that are not in accordance with the Posting Guidelines available via the Website, or which are otherwise in breach of any laws.
    3. We are not under any obligation to publish any information or content you provide to us.

7. Copyright and Trademark

    1. All intellectual property rights in content displayed on the Website, including but not limited to text, graphics, logos, names and trademarks is owned by or licenced to Aussie Pharmacy, or is the property of the relevant product manufacturers and retailers, and is protected by copyright, trade mark and other intellectual property laws. No part of the website may be reproduced without Aussie Pharmacy’s express prior written permission.
    2. Subject to these Terms, you may do the following:
      1. view and download information directly accessible through the Website;
      2. use information directly accessible through the Website for your own personal and non-commercial use; and
      3. print pages from the Website for your own personal and non-commercial use.
    3. You may not, without the prior written permission of Aussie Pharmacy and the permission of any other relevant rights owners: broadcast, republish, upload to a third party website, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content displayed on the Website for any purpose, unless otherwise provided by these terms. 

8. Disclaimer & Limitation of Liability for Products Sold

    1. To the full extent permitted by law and subject to applicable Non-excludable Conditions described below, Aussie Pharmacy, its directors, employees, agents, contractors, and related bodies corporate will not be liable to any person in respect of any personal injury, illness death, loss or damage (including consequential and special loss or damage and any loss of profits) which may be suffered or incurred or which may arise directly or indirectly from or in connection with:
      1. any use of this Website or any advice or information received on this Website;
      2. any transaction entered into through this Website;
      3. the performance of this Website;
      4. your purchase and/or use of any Products obtained through the Website;
      5. any breach by you of these Terms; and
      6. any other dealing or arrangement between you and us,

whether or not the loss or damage was as a result of error or misrepresentation, negligent act or omission, or any other cause whatsoever.

    1. You agree to indemnify us, and/or our respective suppliers, directors, employees, agents, contractors, and related bodies corporate from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by any third party arising out of or in connection with your breach of these Terms or your breach of any law or the rights of a third party.
    2. In Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. 

For major failures with the service, you are entitled to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

    1. Nothing in these terms and conditions purports to modify or exclude the guarantees, and other legal rights, under the Competition and Consumer Act 2010 (Cth) or other laws that cannot be excluded (‘Non-excludable Conditions’). Any condition or warranty which would otherwise be implied by law into these Terms is excluded.

9. General Disclaimer

    1. Subject to any Non-excludable Conditions, you acknowledge and agree that:
      1. this Website and its contents are provided to you on an “as is” basis and we make no representations or warranties of any kind as to the operation of availability of the Website; 
      2. information on the Website may contain typographical errors, technical inaccuracies or other errors and may not be accurate, complete or current; and
      3. any answers provided to questions published on this Website are general opinions only and should not be taken as definitive or exhaustive, nor are such answers intended to be advice as to any specific issue you may have nor do they constitute medical advice.
    2. Aussie Pharmacy takes no responsibility for, and will not be liable for, any programming bugs, viruses, faults, or errors or anything else which may damage a device used to access this Website. It is your responsibility to ensure you scan for any viruses or faults before accessing the Website. 

10. Third Party Websites

    1. This Website may contain links to third party Websites. Those links are provided for convenience only and may not remain current or be maintained. 
    2. Aussie Pharmacy is not responsible for the content or privacy policy associated with linked websites. It is your responsibility to read and understand the terms and conditions applicable to any such websites. 
    3. Aussie Pharmacy will not be liable to you, or any other person, for any loss, damage, cost, expense, liability or inconvenience incurred, paid or suffered as a result of your use of such websites.

11. Your Account Obligations

    1. Registration to use the Services
      1. In order to access the Services, you must first register for an account through the Website (the ‘Account’).
      2. As part of the Account registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to:
        1. Email address;
        2. Preferred username;
        3. Mailing address;
        4. Telephone number; and
        5. Password.
      3. You warrant that any information you give to Aussie Pharmacy in the course of completing the registration process will always be accurate, correct and up to date. You must update your information from time to time as required in order to keep it current.
      4. You may not have more than one active account, and your account is non-transferable. You may update, edit, or terminate your account at any time through the Website. 
      5. Once you have completed the registration process, you will become a registered member of the Website (‘Member’).
      6. You must not use the Website or obtain any Services if:
        1. you are not of legal age to form a binding contract with Aussie Pharmacy; or
        2. you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Website.
    2. Suspension of Account

We reserve the right to change, suspend or terminate your Account if: 

      1. you provide inaccurate, untrue, or incomplete information;
      2. you fail to comply with the account registration requirements; 
      3. you have not used your Account for over 12 months; or
      4. you breach these Terms.

12. Your obligations as a Member

    1. As a Member, you agree to comply with the following:
      1. You will use the Services only for purposes that are permitted by:
        1. the Terms; and
        2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction;
      2. You must protect the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate suspension or termination of your account;
      3. You must not permit the use of your Account or registration information by any other person or third party. 
      4. You must immediately notify Aussie Pharmacy of any unauthorised use of your password or email address or any breach of security of which you have become aware. 
      5. Where you nominate any other person to receive any Products ordered by you on your behalf, you warrant that you have provided that person with the necessary authority to do so.

13. Use of Website

    1. You agree to comply with all applicable laws in relation to any transactions or arrangements entered into using this Website. 
    2. You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website, or in any way or for any purpose which is unlawful, illegal, fraudulent, or harmful or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
    3. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer viruses or any malicious computer software.
    4. You must not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by Aussie Pharmacy.
    5. You must not use the Services or Website for any illegal and/or unauthorised use, including but not limited to collecting email addresses of Members by electronic or other means.
    6. You agree that your posting of commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services.
    7. Appropriate legal action will be taken by Aussie Pharmacy for any illegal or unauthorised use of the Website.
    8. Any automated use of the Website or its Services or any use automated systems or software to extract data from the Website (e.g. screen scraping or web crawling) is prohibited. 

Orders

    1. PLACING AN ORDER
      1. To place an online order on the Website, you must follow the prompts on the ordering pages of the Website. You are able to correct errors on your order up to the point on which you click the “Checkout” button on the “Your Order” page.
      2. You must provide the requested information for us to process your order. We reserve the right to request further information from you at any time to enable us to complete your order and/or to comply with applicable laws.
      3. We will use various procedures to authenticate each transaction. In the event we consider that we cannot authenticate a transaction then we may, in our absolute discretion, cancel it.
      4. By placing an order you confirm that all information contained in the order is correct.
    1. RESTRICTED PRODUCTS
      1. Where you order Products which under relevant laws require a prescription or are scheduled or controlled poisons, we may accept that order on the basis that we act as your appointed agent for facilitating the supply of such items, the supply of which will be made from our registered premises in accordance with all applicable laws.
      2. You:
        1. acknowledge that it may be against the law to supply scheduled medicines to another person other than in the course of treatment, or as otherwise authorised by applicable laws; and
        2. warrant that you are not obtaining scheduled medicines on behalf of another person other than as permitted by law; and
        3. appoint us to be your authorised agent to facilitate the supply of your order from a registered pharmacy premises to your nominated delivery address.
    2. PRODUCT RANGE
      1. The Products promoted on the Website are subject to availability and may change from time to time. We may, without notice to you and at any time, modify or discontinue any Products offered through the Website. 
      2. Product details may change (we recommend you read the label) and vary slightly from the advertised images. Products are subject to availability and while stocks last. 
    3. ORDER CONFIRMATION
      1. After you finalise payment and we receive your order, the system will send an automated confirmation email to the email address you have provided, setting out the details of your order. This confirmation email is confirmation that your order has been received and does not constitute our acceptance of your order.
      2. Subject to any rights you may have under Non-excludable Conditions, you cannot change, reverse or cancel any order you place with us once you have received such a confirmation email except as permitted by the Terms.
      3. Subject to the Terms, any order placed using the Website is an offer by you to purchase the particular items referred to in the order for the price advertised.
      4. Subject Non-excludable Conditions, we may cancel or refuse any order made though the Website at any time (even if payment has been made and received) at our discretion. The circumstances in which we may cancel or refuse an order include, but are not limited to:
        1. where any of the Products ordered are not available;
        2. where a pricing or description error has occurred and the incorrect price or description was displayed on the Website;
        3. where we have reasonable cause to suspect your order is in breach of any term of the Terms, any other relevant conditions, or any law; or 
        4. where we are not permitted by law to supply the requested Products to you.
      5. Each order placed for items on the Website that we accept results in a separate binding agreement between you and Aussie Pharmacy.
    4. FEES AND CHARGES
      1. We will charge you and you agree to pay the fees and charges (including any applicable shipping fees) in relation to any order made on the Website.
      2. We reserve the right (subject to Non-excludable Conditions) to alter the agreed price for any items contained in an order or cancel your order if an incorrect price was caused by a software fault, error or malicious attack. If we have increased the agreed price for any item, you are entitled to cancel your order.
    5. SHIPPING
      1. Aussie Pharmacy will ship purchases anywhere in Australia, but will not ship to PO Boxes. Aussie Pharmacy does not offer an overseas shipping service. 
      2. Subject to stock availability, orders will be dispatched within 2 working days of order and payment processing. Receipt of delivery to purchaser’s address is dependent on purchaser’s proximity to Aussie Pharmacy. Delays may occur during promotional, clearance or Christmas periods.
      3. It is your obligation to provide us with the correct delivery address at the time of purchase. We are not obliged to re-send orders to the correct delivery address at our expense. Change of the delivery address may be approved if the order has not been dispatched. 
      4. The applicable delivery fee for an order will be communicated to you before payment is taken. Please be sure to provide your exact billing address and telephone number, as incorrect information may cause a delay in processing your order.  We reserve the right to increase the delivery fee for large, bulky or heavy orders.
      5. Aussie Pharmacy will make all reasonable efforts to deliver products by any requested or agreed date. However, we do not guarantee delivery on that date and are not liable for any loss resulting from any late delivery. 
      6. If products are believed to either have a faulty seal or have been damaged in transit, please send an order number, details of the damage and a photographic image of the damage within 3 days of delivery to 21-23 Florence Street Hornsby 2077. Damaged products must not be discarded, collection of damaged products may be arranged in certain instances at our cost. You will be responsible for any other expenses of making a claim.
      7. If sufficient evidence of the faulty seal or the damage having occurred during transit is provided, and it is evident that you are not at fault for the issue, Aussie Pharmacy agrees to provide you with replacement products or a credit note for an amount not exceeding the value of the damaged products. This right is in addition to any other rights or remedies you may have under any Non-excludable Conditions.
    6. TITLE IN THE PRODUCTS
      1. Aussie Pharmacy retains title in the Products purchased until it receives payment in full.
      2. You agree that title in the Products passes to you at the time of dispatch, and the passing of title takes place at the premises where the Products are dispatched from.

REFUNDS AND REPLACEMENTS

      1. Subject to any Non-excludable Conditions, refunds or replacement Products or Services will be given at the discretion of Aussie Pharmacy.
      2. Requests for refunds or replacement of Products or Services can be made by sending an email to support@aussiepharmacy.com.au
      3. Subject to any Non-Excludable Conditions, if Aussie Pharmacy determines that a refund or replacement is required or otherwise agrees to provide a refund or replacement, all items must be delivered to Aussie Pharmacy at your cost. 
      4. Payments will be refunded in the same manner in which they were paid. 
      5. Subject to any Non-Excludable Conditions, items returned without prior approval will not be processed, and may be returned with a delivery charge and administration fee. 
      6. Aussie Pharmacy will provide an address to which Products can be returned for refund or replacement. If you send any Product for refund to any other address (including any other known Aussie Pharmacy address), we will not be liable and have no responsibility for any costs or expenses incurred in you undertaking such action.
      7. Aussie Pharmacy will not provide a refund if you have simply changed your mind or have found better prices for the same or similar products elsewhere.
      8. The above rights are in addition to any other rights or remedies you may have under any Non-excludable Conditions.

Payment 

    1. Where the option is given to you, you may make payment for Products or Services (the ‘Fee’) by way of:
      1. Credit Card Payment (‘Credit Card’)
      2. PayPal (‘PayPal’); or
      3. any other available payment method presented on the Website at the time of purchase.
    2. All payments made in the course of your use of Products or Services are made using our third party payment platform provider. In using the Website, the Product, the Services or when making any payment in relation to your use of the Website, you warrant that you have read, understood and agree to be bound by the payment platform provider’s terms and conditions which are available on their website via a link on the payment page.
    3. You authorise Aussie Pharmacy to debit the amount that is payable for an order from your nominated payment method to pay for the Fee.
    4. You acknowledge and agree that where a request for the payment of the Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Fee.

Notice and Takedown Procedure

    1. If you find content on this Website which you think infringes your intellectual property rights or is in breach of these Terms of Use, please contact us at support@aussiepharmacy.com.au and please specify the following information:
  • your name;
  • your address;
  • your phone number;
  • your email address;
  • information to allow us to find the relevant content on this Website;
  • a description of the item or items that you believe is in breach of your intellectual property rights or these Terms of Use, and the reasons for this; and
  • where applicable, details of the owner of the content (and if you are not the owner, the capacity in which you are acting on their behalf).

Applicable Law

These Terms are governed by the laws of New South Wales, Australia. You and Aussie Pharmacy submit to the exclusive jurisdiction of the courts of New South Wales, Australia. Aussie Pharmacy makes no representation or warranty that the content of this Website complies with the laws of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access this Website.

Severability

If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision will be severed from these Terms and will not affect the validity and enforceability of any remaining provisions. 

Last revised 13 February 2022