MARKET REACH TRAVEL MEDICINE ALLIANCE – WEBSITE TERMS AND CONDITIONS
1. Terms of Use
1.1. The website epharmacy.com.au/tm (Website) is operated by Market Reach Pty Ltd ACN 126 042 699 (Market Reach).
1.2. Please read the terms and conditions set out below (Terms) carefully. By using the Website and placing orders, you agree to be bound by the Terms.
1.3. In these Terms a reference to:
- “we”, “our” or “us” is a reference to Market Reach
- “you” or “your” is a reference to any person accessing, viewing or using the Website; and
- “Affiliate” means in relation to a person or entity (the first-mentioned person), a related body corporate or a related entity (as respectively defined in the Corporations Act 2001 (Cth)) of the first-mentioned person.
2. Use of the Website
2.1. To access and use this Website, you must:
- At all times be a registered practitioner with AHPRA (Australian Health Practitioner Regulation Agency)
- Open an account on the Website and provide all necessary information, including a business address which corresponds with your AHPRA registration; and
- Provide an Australian Business Number (ABN) or Australian Company Number (ACN).
2.2 This website is for business sales only. Use of this Website for personal use or shopping is prohibited.
2.3. You may access the Website at any time, unless we have restricted access to perform necessary maintenance, updates or upgrades. Your ability to access the Website will otherwise depend on factors outside our control and we do not accept any responsibility for those factors such as the quality of your internet connection, the type or computer or mobile device used to access the Website, or your software.
2.4. We may collect your information (including your personal information) through your use of the Website. For more information about how we collect, use and disclose your personal information, your rights of access and our personal information handling practices, refer to our Privacy Policy.
2.5. Your only rights in, or to, the Website or technology used to support the Website is limited to the right to use the Website in accordance with the Terms.
2.6. We may monitor your use of the Website, and limit the amount and frequency of goods ordered or provided, or refuse to accept any order, at our sole discretion. In some instances, we may require additional information or verifications prior to accepting an order.
2.7. Information provided on the Website is not intended to replace professional medical advice or diagnose, treat, cure or prevent any medical or health condition. Professional medical advice is required for usage and dosage instructions.
3. Your Account
3.1. You warrant and agree that:
- all information you provide to us will be complete, accurate and current
- you will maintain and promptly update your information with us to ensure that your information held by us remains true, accurate, current and complete at all times
- you are responsible for any error, omission or cost arising from a failure or delay to provide all information requested by us
- you will keep your account details, including username and password, confidential and secure, and ensure there is no unauthorised access to any account you hold with us
- you will be solely responsible for all use of the Website and orders made through any account you hold with us; and
- you will immediately notify us of any unauthorised use of your account or any other breach of security.
3.2. We reserve the right to suspend or terminate your account if it has not been accessed or used for a continuous period of 2 years.
4. Buying from us
4.1. To make a purchase, you must login to your account and place an order.
4.2. All prices displayed on the Website are current at the time of display but are subject to change. Prices on this Website are in Australian Dollars and include GST where applicable.
4.3. We reserve the right to refuse to fill any orders placed based on incorrect information on the Website or withdraw any item from sale without notice, for any reason. We will not be liable for any loss you or any third party may suffer as a result of the withdrawal or suspension of sale of a particular item.
4.4. Goods and services purchased on the Website must be paid for online at the time of placing your order.
4.5. We accept all major credit cards for payment. Please provide the billing address and telephone number associated with your credit card as incorrect information may cause a delay in the processing of your order. Gift cards, cash and cheques are not accepted.
4.6. Orders are capped at 200 units per order.
4.7. We use all reasonable endeavours to ensure that all details, descriptions and prices on this Website are accurate. In the event of any incorrect prices due to typographical error or error in pricing information received from our suppliers, we will inform you about the error, and cancel the order (or part of an order) for the incorrectly priced goods whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged, we will issue you a refund for the order or part of the cancelled order, as the case may be.
4.8. Refunds may take up to 5 to 7 business days to appear on your statement.
4.9. You are liable for all transactions on your credit card.
4.10. Title in items purchased from this Website passes to you once we have received full payment for the goods ordered. Risk in goods purchased from this Website passes to you upon dispatch of the order.
5. Delivery and shipping
5.1. Order dispatch times may vary depending on availability.
5.2. Orders are delivered using Australia Post standard delivery at a fee, or for an additional fee, sent via Australia Post express delivery. Delivery is payable at checkout. An authorised representative of the Customer must sign to receive their order. Orders cannot be left unattended.
5.3. Orders can only be delivered to an Australian address which corresponds with the address registered with AHPRA. International orders are not accepted.
5.4. We are not liable to replace or refund any consumable goods which are damaged due to delayed shipping and delivery times which are beyond our control.
6. Australian Consumer Laws
6.1. Our promotion and provision of goods and services is only an invitation to treat and does not constitute an offer to sell or guarantee the availability of any good or service.
6.2. Under applicable State, Territory and Commonwealth law(s) (including, without limitation, the Competition and Consumer Act 2010 (Cth)), certain statutory expressed and implied guarantees and warranties may be implied into the Terms that cannot be excluded (Non-Excluded Guarantees). Nothing in these Terms purports to modify or exclude the Non-Excluded Guarantees.
6.3. To the maximum extent permitted by law, our liability and that of our officers, employees, agents, contractors, service providers, successors, assigns and Affiliates for a failure to comply with a Non-Excluded Guarantee, is limited to, at our option:
- replacement of the goods or the supply of equivalent goods
- payment of the cost of replacing the goods or of acquiring equivalent goods
- repair of the goods
- payment of the cost of having the goods repaired
- resupply of the services or the supply of equivalent services
- payment of the cost of having the services resupplied; or
- payment of the cost of having equivalent services supplied.
6.4. In circumstances where the Non-Excluded Guarantees do not apply, we and our officers, employees, agents, contractors, service providers, successors, assigns and Affiliates exclude liability for any loss or damage whatsoever (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages) you may suffer arising out of, or in any way related to use of the goods or services.
6.5. You acknowledge that you do not rely on the skill or judgment of us or anyone on our behalf when deciding whether or not the goods or services are fit for any particular purpose, and that you have instead satisfied yourself that the goods or services are fit for your required purpose.
7. Limitations on use
7.1 By accessing and using the Website you warrant and agree that you will not:
- use the Website for any purpose other than permitted under these Terms
- copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt or modify the whole or any part of the Website in any way whatsoever
- use any online crawler tool such as robot, spider, site search or similar mechanism on the Website
- hide, deface, alter or delete any copyright symbol, trade mark or other proprietary rights notice
- use the Website for any activity which we determine is obscene, indecent, offensive or defamatory
- hack into, change or otherwise knowingly transmit a virus or otherwise damage the Website or any information contained within it
- tamper with, hinder the operation of or make unauthorised modifications to the Website
- use the Website with an incompatible or unauthorised device; or
- upload onto the Website any material, or use the Website in any way which we consider infringes or may infringe the intellectual property rights of any person; is unlawful or violates any law; or is in breach of these Terms.
9. Intellectual property
9.1. The Website contains intellectual property including trade marks, confidential information and copyright, together with any goodwill or reputation and intellectual property rights subsisting in those things.
9.2. All intellectual property rights in the Website is owned by us or third parties and unless permitted by law, you must not:
- copy, modify, adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of the Website; or
- commercialise any information, products or services obtained from any part of the Website without our prior written consent.
9.3. Nothing contained on the Website shall be construed as granting any licence or right to use any intellectual property on the Website.
10. Third party websites and applications
10.1. The Website may contain links to websites and applications owned or controlled by third parties (Third Party Websites). We are not responsible for the operation, security levels, content or any other aspect of any Third Party Website.
10.2. Links to Third Party Websites are provided solely for your convenience and do not indicate our endorsement or affiliation of them or their products or services.
10.3. We make no representations or warranties and are not liable for:
- the content or accuracy of any information contained in a Third Party Website; and
- any loss or damage suffered as a result of access to, or use of, a Third Party Website, or the reliance on the information contained within.
10.4. If you choose to visit a Third Party Website, you do so at your own risk and you should make your own enquiries as to the suitability of the content of the Third Party Website and the goods and services available for sale on such website.
10.5. Third Party Websites may be governed by their own terms and conditions and privacy policies, which will apply to your use and acquisition of their products or services. Accordingly, we strongly recommend that you read their terms and conditions.
11. Exclusion of warranties
11.1. While we endeavour to ensure the accuracy and completeness of the information contained on the Website, that information may contain errors and omissions and is subject to change.
11.2. Information provided on the Website, including information relating to medical and health conditions, products, services and treatments, is for informational purposes only and is not intended to diagnose, treat, cure or prevent any medical or health condition. Professional medical advice is required for all medical and health conditions and dosage instructions.
11.3. Goods displayed on the Website are for illustration purposes only. Actual goods delivered may vary in colour, shape or size.
11.4. To the maximum extent permitted at law, we make no representations or warranties of any kind, express or implied, in relation to the content, accuracy, completeness, suitability, accessibility, security or reliability of:
- any material and/or information on the Website;
- the performance and availability of the Website, goods and services; or
- the loss, damage or corruption of any data or other material as a result of the use of the Website.
11.5. Where liability cannot be excluded, any warranty by us in relation to the use of the Website or its contents is limited as provided in clause 6 above.
11.6. We make no warranties or guarantees that the use of the Website, goods or services provided via the Website will achieve your desired outcome.
12. Limitation of Liability
12.1. To the maximum extent permitted by law, we and our officers, employees, agents, contractors, service providers, successors or assigns exclude liability for any loss or damage whatsoever (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages) you may suffer arising out of, or in any way related to:
- the use of, or reliance on, any of the information or material provided via the Website
- the use of Third Party Websites
- the unauthorised access of any account you hold with us
- the suspension, termination or interruption of the Website in whole or in part for whatever reason; or
- the loss of profits, loss of opportunity, business interruption or loss or corruption of data or information from the use of the Website.
12.2. Where liability cannot be excluded, any liability incurred by us in relation to the use of the Website or its contents is limited as provided by in clause 6 above.
12.3. You indemnify and agree to keep us and our Affiliates indemnified against any loss or damage or costs incurred by us in connection with any breach of the Terms or of any other legal obligation by you or your use of, or conduct on, the Website.
13. Suspension or termination
13.1. We reserve the right to suspend or terminate your access to the Website and any account you hold with us at our sole discretion if we believe there has been a breach of the Terms.
13.2. If we notify you of the breach and ways in which you can remedy it and you fail to take that action within a reasonable time, you must immediately cease to use the Website and access any account you hold with us.
13.3. We reserve the right to cease operating the Website at any time, without notice, and to terminate this agreement under the Terms.
13.4. You may terminate this agreement under the Terms by ceasing to use the Website.
14. Email and SMS notifications
14.1. When you provide us your email address and/or mobile phone number you agree to us sending you communications via email (Email Notifications) and/or text message (SMS Notifications). You can unsubscribe through the opt-out facility in each marketing message or contact us.
14.2. If you do not opt-out from Email Notifications and/or SMS Notifications we may send emails and/or SMS to your nominated email address and mobile phone number and you acknowledge and consent to receipt of those Email Notifications and SMS Notifications.
15. General
15.1. We reserve the right to modify, amend, delete and make corrections to any part of these Terms or the Website at any time and such amendment will be effective immediately upon appearing on the Website. Please ensure that you review the Terms regularly as your continued use of the Website will be deemed acceptance of any changes to the Website or Terms. If you do not agree to any change, then you must immediately stop using the Website.
15.2. If any part of the Terms is determined to be illegal, invalid or otherwise unenforceable or void that part shall be severed to the extent necessary and the remainder of the Terms shall continue in full force and effect.
15.3. No waiver of any breach of the Terms will be construed as a waiver of any other breach of the Terms.
16. Applicable Law
16.1. The Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. Any claim made by either party against the other which in any way arises out of the Terms will be heard in Victoria and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria.
16.2. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms.