Terms and Conditions

    1. SupaPharm
    2. Terms and Conditions
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    OVERVIEW

    This website is operated by SupaPharm . Throughout the site, the terms “we”, “us” and “our” refer to SupaPharm. SupaPharm offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

    By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

    Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

    SECTION 1 - ONLINE STORE TERMS

    By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

    You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

    You must not transmit any worms or viruses or any code of a destructive nature.

    A breach or violation of any of the Terms will result in an immediate termination of your Services.

    SECTION 2 - GENERAL CONDITIONS

    We reserve the right to refuse service to anyone for any reason at any time.

    You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

    You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

    The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

    SECTION 2A - GENERAL CONDITIONS: COMPLIANCE WITH PHARMACY GUIDELINES

    You understand that payment for any product constitutes valid acceptance of these terms and conditions.

    You further understand that the provision of the service to you at all times including after payment and on supply of subsequent repeats is subject to the professional and legal requirements set down in legislation, regulations and by the NSW Pharmacy Council.

    You understand and warrant that when using our service and obtaining a compounded prescription you have tried and found any commercial treatment unsuitable for a valid therapeutic reasons. You further understand and warrant that

    1. you will advise our Pharmacist of any concurrent health conditions, or ongoing medication you may take.
    2. you will only use the medication supplied to you for a therapeutic purposes and in accordance with the labelled particulars;
    3. to the extent that you are unclear about any instructions you make every reasonable attempt to obtain clarification from us prior to using the medication;
    4. you are aware that compounded treatments are not tested for safety and effectiveness and in the event that one should arise you will advise us of any adverse reaction or side effect that you may experience and in said circumstances immediately cease taking the aforementioned compounded medication;

    We reserve that right at all times to refuse service and cancel any pending prescriptions where any particular supply ceases to comply the aforementioned instruments.

    At all times the provision of this service and the supply of any medication prepared by us will be at the sole discretion of the pharmacist.

    You understand that before an order can be prepared and released we must receive from you: a valid prescription including the original paperwork issued by your doctor; an approved payment of both the cost of the medication and any shipping costs associated with delivery.('An Approved Order'). The obligation and cost associated with the delivery and return of prescriptions remains with you. From time to time we may make available a paid service via Australia Post to permit you to return of your prescription to us. You warrant that you understand and agree that we may reserve the right to recover from you the cost of that service should you seek the return of those prescriptions sent through our paid service. You further warrant and agree that we are permitted to exercise a lien over any prescriptions held by us until such time as full payment of the prescription cost referred to in the sentences above is remibursed by you. You warrant that you understand and agree that no orders will be prepared or released where a valid prescription is received by SupaPharm irrespective of whether a payment has been made.

    SECTION 2B - GENERAL CONDITIONS: PAYMENT, DELIVERY and RETURNS

    We endeavour to provide the quickest possible delivery times. This means we aim to prepare medication within 48 hours of an order being approved. You understand that occasionally it can take longer because some medications require additional time to prepare and undergo review before release. Although this may seem inconvenient, we can assure this is only because your safety and the quality of the medications we prepare for you are very important to us.

    Should you receive any product that you believe is wrong, does not match the description that was entered on the prescription, or does not match the instructions given by your doctor, you agree that you will not take the aforementioned medication and immediately advise us of your concerns.

    In the event that we are not able to supply you with any medication all orders made for that medication will be entirely and completely refundable.

    In the event that you are not satisfied with the product or service you have received from us you agree that you will advise within 7 days of receiving the medication. Subject to compliance with this provision all purchases will be entirely refundable. Further, any refund or return provided pursuant to this term will be subject to return of the goods provided to you in a reasonable state of repair and at your cost unless otherwise advised by a our Pharmacist. You further warrant and agree that we are permitted to investigate and assess the quality of any return provided by you in accordance with any internal procedure or standard practice in force or observed from time to time prior to the issue of any refund or replacement to you.

    Any return or refund received but not notified to us will be at the sole discretion of the pharmacist but otherwise provided on the same terms as described above.

    Any refund provided to you will take 5-7 business days to be reflected in your bank account.

    SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

    We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

    This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

    SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

    Prices for our products are subject to change without notice.

    We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

    We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

    SECTION 5 - PRODUCTS OR SERVICES (if applicable)

    Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy. To view our Return Policy, please review the return and refund conditions above at 2B.

    We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

    We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

    We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

    SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

    We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

    For more detail, please review our Returns Policy.

    SECTION 7 - OPTIONAL TOOLS

    We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

    You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

    Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

    We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

    SECTION 8 - THIRD-PARTY LINKS

    Certain content, products and Services available via our Service may include materials from third-parties.

    Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.

    We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

    SECTION 8A - THIRD PARTY LINKS: USE OF ONLINE CONTRACT DOCTOR

    We may opt to provide access to online contract doctor services ('the Service') to assist you to obtain a prescription for medication you are regularly prescribed. The provision of the aforementioned the Service may be either paid by you or paid by SupaPharm.

    We do not warrant that attendance and participation in the Service will result in the provision of a valid prescription. The prescribing doctor will retain sole discretion to determine your eligibility for any medication you have ordered.

    Should we pay for you to attend the Service you agree that we will retain possession of any prescription in consequence of the Service until such time as:

    1. You redeem all repeats issued on the Prescription;
    2. The Prescription expires;
    3. We receive payment from you of the consultation fee incurred inconsequence of your participation in the Service;

    SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

    If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

    SECTION 10 - PERSONAL INFORMATION

    Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please see Privacy Policy

    SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

    Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

    We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

    SECTION 12 - PROHIBITED USES

    In addition to other prohibitions as set forth in the Terms of Service you are prohibited from using the site or its content:

    1. for any unlawful purpose;
    2. to solicit others to perform or participate in any unlawful acts;
    3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
    4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
    5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
    6. to submit false or misleading information;
    7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

    SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

    We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

    You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall SupaPharm, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

    SECTION 14 - INDEMNIFICATION

    You agree to indemnify, defend and hold harmless SupaPharm and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

    SECTION 15 - SEVERABILITY

    In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

    SECTION 16 - CONSUMER DATA PRIVACY

    At SupaPharm, we are committed to protecting the privacy of our customers. We understand that you trust us with your personal information, and we take that responsibility seriously. We have established this Consumer Data Privacy Policy to explain how we collect, use, and share your personal information when you use our products and services.

    We collect personal information that you provide to us, such as your name, address, phone number, and email address. We may also collect other personal information, such as your age, gender, and interests if you choose to provide it to us.

    We use your personal information to provide you with the products and services you request, as well as to communicate with you about your account and transactions. We may also use your personal information to improve our products and services or to personalize your experience with us.

    We may share your personal information with third parties to process transactions, provide customer support, or for other purposes that are described to you at the time of collection. We may also share your personal information in response to a legal request, such as a court order or subpoena.

    We take steps to protect your personal information from unauthorized access, use, or disclosure. We use secure servers and encryption technology to safeguard your personal information, and we require our employees and service providers to respect the confidentiality of your personal information.

    We will retain your personal information for as long as necessary to fulfill the purposes for which it was collected, or as required by law.

    If you have any questions or concerns about our Consumer Data Privacy Policy, please contact us at support@supapharm.com.au.

    SECTION 17 - SECURITY CAPABILITIES OF OUR WEBSITE

    At SupaPharm we take the security of our customers' payment information very seriously. We understand that you trust us with your sensitive financial data and we want you to feel confident that your payment information is secure when you shop with us.

    To protect your payment information, we use a variety of security measures. When you enter your payment card details on our website, the information is encrypted using Secure Sockets Layer (SSL) technology. This means that the data is sent in a secure, encrypted form from your computer to our servers, making it difficult for anyone to intercept or access the information.

    We also use Payment Card Industry Data Security Standard (PCI DSS) compliant service providers for the storage and processing of payment card details. PCI DSS is a set of security standards designed to ensure that all companies that accept, process, store, or transmit payment card information maintain a secure environment.

    In addition to these technical measures, we have strict policies in place to ensure the protection of your payment information. Our employees are trained on the importance of confidentiality, and we have strict access controls in place to prevent unauthorized access to your payment details.

    We also offer our customers the option to save their payment information in their accounts for future purchases. This feature uses the same security measures as described above to protect your payment information.

    We also offer our customers the option to save their payment information in their account for future purchases. This feature uses the same security measures as described above to protect your payment information.

    SECTION 18 - TERMINATION

    The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

    ** END TERMS AND CONDITIONS**