Terms and Conditions

Terms and Conditions

THIS IS AN AUSTRALIAN WEBSITE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. Please note that This online merchant is located in Australia.

Overview

Customers using this site or ordering from Australian Custom Pharmaceuticals P/L (ACPHARM) agree to be bound by the following terms and conditions:

Ordering

  • Orders are taken but not processed until payment is secured.
  • Orders may be placed by email, snail mail, telephone but, if a prescription is legally necessary then, they will not be dispatched until the original copy of the prescription is received by mail (or by hand).
  • Prescriptions for Testosterone and DHEA have a six month life and legally must be kept by ACPHARM and if there are repeats they must be carried out by ACPHARM and cannot be carried out by another Pharmacy.

Warranties and refunds

  • All of our goods are to be of merchantable quality , a basic level of quality given the price and description of the good.
  • All of our goods must be fit for the purpose they are meant to provide for and fulfil purpose(s) made known to the customer.
  • All of our goods must be free from defects and faults.
  • A refund or a re-make will be considered applicable if any of the above three points are not met.
  • Faulty goods are to be returned before remakes are perfomed.
  • If a good has been delivered and received in satisfactory order and it subsequently expires, it is not the responsibility of ACPHARM to re-make it. ACPHARM does not undertake to re-make expired goods.

Customer’s obligations and responsibilities

  • The customer must check the quality of the goods received in a reasonable time, or at least within seven days of receipt.
  • Customers must advise ACPHARM customer service at the time of ordering of any special needs or requirements such as allergies or troche flavouring or any relevant option(s) they wish to include in the order.
  • Customers agrees to send back to ACPHARM any goods that are subject to claims regarding faults, defects, quality or suitability to purpose.

CRITERION 1:

The pharmacist ensures that consumers can readily identify the online pharmacy and the services it provides:

  1. Clearly displays all details of the pharmacy, including:
    • name of the practice
    • street address
    • approval number
    • contact details
    • name(s) of the proprietor(s) and pharmacist manager(s)
    • service details, terms and conditions, and costs
    • delivery timelines
    • privacy and security declaration
    • date of the most recent update of website
  2. Maintains a document outlining the online services the pharmacy provides, in both electronic and hard copy format
  3. Provides the details of the online services available each time a product is dispatched or information about the services is requested

CRITERION 2:

The pharmacist adheres to all ethical and professional requirements of the profession when establishing an internet pharmacy service

  1. Ensures that there are no hyperlinks to promotional material on web pages containing clinical information on Pharmacist Only Medicines (with the exception of those listed in Appendix H of the Standard for the Uniform Scheduling of Drugs and Poisons), Prescription Only Medicines, and Controlled Drugs
  2. Ensures that no claims and testimonials are posted on the website that are promotional and comparative in nature

CRITERION 3:

The pharmacist ensures that a reliable and secure online pharmacy service is provided

  1. Provides adequate electronic security to prevent access to consumers’ electronic records by unauthorised personnel
  2. Provides a privacy and security declaration on the website
  3. Ensures that the information transferred to and from consumers via the internet is protected by:
    • encryption technology
    • user name and password access
    • written, legally binding agreement with third parties, such as webmasters, internet providers and contracted computer specialists

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the Australian and other copyright laws, and is the property of ACPHARM QUEENSLAND Pty Ltd. The collective work includes works that are licensed to ACPHARM QUEENSLAND Pty Ltd. Copyright 2014, ACPHARM QUEENSLAND Pty Ltd ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with ACPHARM QUEENSLAND Pty Ltd or purchasing ACPHARM QUEENSLAND Pty Ltd products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with ACPHARM QUEENSLAND Pty Ltd or to purchase ACPHARM QUEENSLAND Pty Ltd products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by ACPHARM QUEENSLAND Pty Ltd. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of ACPHARM QUEENSLAND Pty Ltd used in the site are trademarks or registered trademarks of ACPHARM QUEENSLAND Pty Ltd

Warranty Disclaimer

This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, ACPHARM QUEENSLAND Pty Ltd disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. ACPHARM QUEENSLAND Pty Ltd does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. ACPHARM QUEENSLAND Pty Ltd does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

ACPHARM QUEENSLAND Pty Ltd shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if ACPHARM QUEENSLAND Pty Ltd has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that a ACPHARM QUEENSLAND Pty Ltd product is mistakenly listed at an incorrect price, ACPHARM QUEENSLAND Pty Ltd reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. ACPHARM QUEENSLAND Pty Ltd reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, ACPHARM QUEENSLAND Pty Ltd shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by ACPHARM QUEENSLAND Pty Ltd without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

ACPHARM QUEENSLAND Pty Ltd may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to ACPHARM QUEENSLAND Pty Ltd.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of QLD, Australia. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of ACPHARM QUEENSLAND Pty Ltd products) shall be in the state or federal courts located in Qld, Australia. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of ACPHARM QUEENSLAND Pty Ltd products) must be commenced within one (1) year after the claim or cause of action arises. ACPHARM QUEENSLAND Pty Ltd’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. ACPHARM QUEENSLAND Pty Ltd may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a ACPHARM QUEENSLAND Pty Ltd or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

ACPHARM QUEENSLAND Pty Ltd does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, ACPHARM QUEENSLAND Pty Ltd is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, ACPHARM QUEENSLAND Pty Ltd reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to ACPHARM QUEENSLAND Pty Ltd in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless ACPHARM QUEENSLAND Pty Ltd, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, ACPHARM QUEENSLAND Pty Ltd may link to sites operated by third parties. However, even if the third party is affiliated with ACPHARM QUEENSLAND Pty Ltd, ACPHARM QUEENSLAND Pty Ltd has no control over these linked sites, all of which have separate privacy and data collection practices, independent of ACPHARM QUEENSLAND Pty Ltd. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, ACPHARM QUEENSLAND Pty Ltd seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

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