TERMS AND CONDITIONS
TERRYWHITE CHEMMART HEALTH BENEFITS PACKAGE

1 Definitions

  • Appointment means an appointment to redeem a Benefit at a Participating Pharmacy, booked using the hyperlinks sent to you on confirming your subscription to the HBP or by logging onto https://members.terrywhitechemmart.com.au
  • Benefits means the benefits that you are entitled to under your Subscription as detailed in these T&Cs.
  • Business Day means a day that is not a Saturday, Sunday or a public holiday in Queensland.
  • Commencement Date means the date that you become a Member+ member of our Rewards Program.
  • Couples/Family means the persons that you have nominated under the HBP Couples/Family Subscription to be eligible to receive the Benefits. If you have purchased the HBP from one of our Partners, the Partner may have conditions regarding the persons that can be nominated under the HBP Couples/Family Subscription.
  • DAA means dose administration aid being a well-sealed, tamper-evident package that allows individual medicine doses to be organised according to the prescribed dose schedule.
  • DAA Benefits under your HBP is detailed in clause 9.
  • Expiry Date means the expiry date specified in the confirmation email sent to you confirming your Subscription being the date which is 1 year after the Commencement Date.
  • GST Law means a New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time.
  • Member+ is as defined in the Rewards T&Cs.
  • Participating Pharmacy means a pharmacy within the TerryWhite Chemmart network of franchised pharmacies, whether branded TerryWhite Chemists, Chemmart, Chemplus or such other brand as determined by TWCM from time to time that have agreed to provide the Benefits (whether in whole or in part) to you.
  • Partner are our corporate and other partners who we have been authorised and licensed to sell a Subscription to you.
  • Rewards Points is as defined in the Rewards T&Cs.
  • Rewards Program means the TerryWhite Chemmart Rewards Program as amended from time to time by TWCM.
  • Term means the term of a Subscription commencing on the Commencement Date and ending on the Expiry Date.
  • HBP means the TerryWhite Chemmart Health Benefits Package that may be either the HBP Singles and HBP Couples/Family Subscriptions.
  • HBP Couples/Family means the subscription as defined in clause 3(d).
  • HBP Singles means the Subscription as defined in clause 3(c).
  • Health Check is as defined in clause 6(b).
  • Health Consultation is as defined in clause 7(b).
  • Member+ is as defined in the Rewards T&Cs.
  • Qualifying Purchases is as defined in the Rewards T&Cs.
  • Rewards T&Cs means the TerryWhite Chemmart Rewards Program General Terms and Conditions as amended from time to time, a link of which is provided in clause 2(b).
  • Subscription means a 12 months subscription to the HBP
  • Subscription Fee means the fee payable to us for your Subscription.
  • T&Cs means these terms and conditions as amended from time to time.
  • TWCM or we/us/our means TW&CM Pty Ltd ACN 136 833 620.
  • You/your means a person that has purchased a Subscription.

2 Your Subscription

  • Depending on the type of Subscription you have purchased, it will entitle you or your Couples/Family to receive the Benefits.
  • You agree to pay us (whether directly or through our Partners) the Subscription Fee.
  • The Subscription Fee is not refundable if you later change your mind, decide that you no longer require the HBP or cannot use some or all of the Benefits.
  • As a condition of subscribing to the HBP and in order for you to access the Benefits, you acknowledge and agree to be a Member+ member of our Rewards Program. Further details of this is set out in clause 8 below.
  • If you have purchased a Subscription through one of our Partners, they may set other conditions as part of your Subscription. Our Partners are responsible for those additional conditions and if you have a question about them, you should contact the Partner directly.
  • During the Term of your Subscription has commenced, you will not be able to switch between the HBP Singles and HBP Couples/Family Subscriptions.

3 Benefits

  • Your Subscription entitles you the receive the Benefits from Participating Pharmacies during the Term.
  • You and your Couples/Family acknowledge and agrees that:
    • We will engage the Participating Pharmacy to deliver or provide the Benefits to you;
    • You can only redeem your Benefits at a Participating Pharmacy. You may not be able to redeem all of the Benefits at a particular Participating Pharmacy as each Participating Pharmacy may provide some but not all of the Benefits;
    • the provision of the Benefits creates a direct relationship between the Participating Pharmacy and you or your Couples/Family – it being acknowledged that you or your Couples/Family may select any number of Participating Pharmacies (including pharmacist) to provide the Benefits; and
    • references to us providing the Benefits may (where required) include the provision of those services by the Participating Pharmacy and the Participating Pharmacy has the benefit of the covenants given by you in our favour and/or the Participating Pharmacy which are held on trust for it by us.
  • If you have subscribed to HBP Singles, you will be entitled to the following Benefits for the Term:
    • 1 Influenza Vaccination;
    • 1 Health Check;
    • 2 Health Consultations;
    • Rewards Points that accumulate at a rate of 12 Rewards Points for every 1 dollar spent on Qualifying Purchases
    • 50% discount off the in-store price of DAAs up to a maximum of $5 discount per DAA; and
    • Free delivery of a DAA up to 5km of a Participating Pharmacy, limited to 1 free delivery per calendar month.
  • If you have subscribed to HBP Couples/Family, you and/or your Couples/Family will be entitled to the following Benefits for the Term:
    • 2 Influenza Vaccination;
    • 2 Health Check;
    • 4 Health Consultations;
    • Rewards Points that accumulate at a rate of 12 Rewards Points for every 1 dollar spend on Qualifying Purchases;
    • 50% discount off the in-store price of DAAs up to a maximum of $5 discount per DAA; and
    • Free delivery of a DAA up to 5km of a Participating Pharmacy, limited to 1 free delivery per calendar month.
  • There are qualifying criteria for you or your Couples/Family to receive each of the Benefits under your Subscription. These are explained further below.
  • If the Benefits are not used by the Expiry Date, they will expire and the Subscription Fee or the value of any unused Benefits will not be refunded to you.
  • The Benefits are to be used by you or your Couples/Family only and are not transferrable to anyone else.

4 Using your Benefits

  • Within 5 days of subscribing to the HBP, we will send you an email confirming the Expiry Date and including hyperlinks to allow you to book an Appointment. Alternatively, you can book your Appointment through your Rewards portal on the TerryWhite Chemmart website at: https://members.terrywhitechemmart.com.au
  • Each Participating Pharmacy where you can redeem a Benefit will be listed at the time of booking an Appointment.
  • You can cancel or amend an Appointment up to 24 hours prior to the Appointment though the hyperlink provided in the confirmation email or through the Rewards portal on the TerryWhite Chemmart website at: https://members.terrywhitechemmart.com.au.
  • Identification must be provided at your Appointment to redeem your Benefits. If you do not have identification, or have previously booked an Appointment, you will be charged the full price for the Benefit.
  • If you do not attend at an Appointment and you have not cancelled or amended your Appointment 24 hours prior to the scheduled Appointment, the Benefit that you booked the Appointment for will be deemed to have been redeemed by you.
  • If you have purchased a Subscription through one of our Partners, you authorise us to collect, use and disclose such information from and/or to that Partner in order to provide you with the Benefits, including your name, date of birth, gender, address, email, contact details, Loyalty member identification number, Partner member identification number, the Expiry Date and the Benefits that you have redeemed.
  • Personal health information that you provide to a Participating Pharmacy or discussed with a pharmacist will not be disclosed to the Partner unless required by law.

5 Influenza Vaccinations

  • Influenza Vaccinations can only be provided to you if you:
    • follow the steps in clause 4 to make an Appointment;
    • meet the requisite age requirements to obtain the vaccination. Different requirements may apply in each state or territory;
    • complete any questionnaire and consent form as required;
    • do not suffer from other medical conditions (including the medicines that you take) that make you ineligible for the vaccine; and
    • are not otherwise ineligible to obtain the vaccination as a result of any legislation, regulation or recommendation of the government (whether State, Territory or Federal) including any relevant health authority.
  • Please speak to a Participating Pharmacy to confirm if any of your medical conditions make you ineligible for the vaccine.
  • Flu vaccinations are only available from Participating Pharmacies:
    • during the flu season (generally between April to September each year); and
    • while a supply of vaccines is available at Participating Pharmacies.
  • A ‘frequently asked questions’ on influenza vaccinations is available at the following link: https://www.terrywhitechemmart.com.au/health-programs/flu-vaccinations/

6 Health Check

  • Health Checks can only be provided to you if you:
    • follow the steps in clause 4 to make an Appointment
    • are 18 years or over;
    • complete any questionnaire and consent form as required; and
    • are not otherwise ineligible to obtain the Health Check as a result of any legislation, regulation or recommendation of the government (whether State, Territory or Federal) including any relevant health authority.
  • Health Checks are provided by Participating Pharmacies and take approximately 20 minutes. Health Checks involve the following:
    • blood pressure check;
    • blood glucose;
    • total cholesterol check;
    • body mass index calculation and waist measurement;
    • advice on your results and/or referral to your doctor (if applicable); and
    • advice on lifestyle changes.

7 Health Consultations

  • Health Consultation can only be provided to you if you:
    • follow the steps in clause 4 to make an Appointment;
    • complete any questionnaire and consent form as required; and
    • are not otherwise ineligible to obtain the Health Consultation as a result of any legislation, regulation or recommendation of the government (whether State, Territory or Federal) including any relevant health authority.
  • Health Consultations are provided by Participating Pharmacies and is a guided discussion and advice around your health concerns.
  • Health Consultation involve the following:
    • discussion with you about your health specific concern;
    • a series of questions; and
    • advice specific to your health and/or referral to your doctor (if applicable)

8 TerryWhite Chemmart Rewards

  • As a condition of subscribing to the HBP and in order for you to access the Benefits, you acknowledge and agree to become a Member+ member of our Rewards Program.
  • If you are already a member of our Rewards Program your Subscription will be linked to your membership and you will be converted to a Member+ member.
  • If you are not a member of our Rewards Program, a new membership will be created for you.
    The Rewards T&Cs detailing the terms and conditions of the Rewards Program are available at the following link:
    https://www.terrywhitechemmart.com.au/rewardstermsandconditions/
  • The Rewards T&Cs set out the terms and conditions on how the Reward Program operates including, without limitation, how Reward Points accumulate, the rate at which you earn Reward Points, how to redeem your Rewards Points and what purchases at a Participating Pharmacy are classified as Qualifying Purchases. The Rewards T&Cs form part of these T&Cs. In the event of any inconsistency, the Rewards T&Cs will prevail to the extent of the inconsistency.

9 Dose Administration Aid – Discount and Free Delivery

  • DAA Benefits include:
    • 50% discount off the in-store price of DAAs of a Participating Pharmacy, up to a maximum of $5 discount per DAA; and
    • free delivery of a DAA up to 5km of a Participating Pharmacy, limited to 1 free delivery per calendar month for HBP Singles and for HBP Couples/Family.
  • To redeem your DAA Benefits, you will need to present your Rewards Card or quite your name and phone number or email at a Participating Pharmacy. A list of Participating Pharmacies are available at the following link:
    www.terrywhitechemmart.com.au/hbp#participating-stores-list

10 Privacy

  • We recognise that your privacy is very important to you and that you have a right to control your personal information. We know that providing personal information is an act of trust and we take that seriously. We are committed to responsible privacy practices and to complying with the Privacy Act 1988 (Cth) (Privacy Act), including the Australian Privacy Principles (Privacy Principles) and Notifiable Data Breaches scheme contained in the Privacy Act, and where relevant, applicable state and territory health records legislation. Our Participating Pharmacies are also required to comply with Privacy Act and the Privacy Principles.
  • Our Privacy Policy sets out our policies on the management of personal information including how we collect personal information, the purposes for which we use this information, and to whom this information is disclosed. We may change our Privacy Policy from time to time at our discretion. At any time, the latest version of our Privacy Policy is available from our website at www.terrywhitechemmart.com.au/privacy-policy/.
  • We also have specific privacy provisions that apply to the HBP, which are detailed in these T&Cs and which supplement our Privacy Policy. As part of your Subscription, you apply to become a Member+ member of the Rewards Program. We also have specific privacy provisions that apply to our Rewards Program which are available at: www.terrywhitechemmart.com.au/rewardstermsandconditions. In the event of inconsistency, the specific privacy provisions in these T&Cs will prevail over our Privacy Policy.
  • You and your Couples/Family (as the case may be) consent to us and Participating Pharmacies collecting your personal and sensitive information (including health information) to determine if the Benefits are suitable for you or your Couples/Family, including the details of your responses to questionnaires and consents as part of redeeming a Benefit.
  • We collect your personal information in order to provide the Benefits to you. By subscribing to the HBP you authorise us and the Participating Pharmacy to also use your personal information to:
    • market products and services to you based on your activity;
    • assist the Participating Pharmacy to provide you with certain products and services; and
    • analyse customer demographics, health, prescription, adherence and purchasing trends so that we can tailor our products and services.
  • We may disclose to, and utilise the services of Participating Pharmacies, Intellipharm Pty Ltd, Go Bookings Pty Ltd, 1stGroup Limited, Oracle Corporation Australia Pty Limited, and MedAdvisor International Pty Ltd (Third Party) to do any of the following in relation to sensitive information collected from the administration and operation of the HBP:
    • collect, store and provide to us or a Participating Pharmacy, your personal information including sensitive information;
    • analyse customer demographics, health, prescription, adherence, and purchasing trends; and
    • provide targeted marketing of products and services based on your activity.
  • The information collected and stored by our Third Parties may be disclosed back to us and to the Participating Pharmacy that you redeemed a Benefit or obtain products and services from.
  • If you have purchased your Subscription from one of our Partners, you expressly consent to us and Participating Pharmacies providing your Personal Information to that Partner regarding the Benefits that you have redeemed. We and Participating Pharmacies will not provide your personal and sensitive health information to a Partner.
  • (i) We may disclose your personal information to third parties in connection with providing products and services to you as part of the HBP. This may include sharing your personal information with other service providers that may provide products and services to us including suppliers, marketing agencies, data analysis specialists, data processing organisations, billing and debt recovery providers, website and data hosting providers, Rewards Program administrators and other IT suppliers. If we disclose your personal information to such service providers we will take reasonable steps to ensure that the information is deidentified (if possible).
  • We will take reasonable steps to ensure that Participating Pharmacies, Third Parties, our Partners, and other service providers only use your personal information as reasonably required for the purpose we disclosed it to them and in a manner consistent with the Privacy Act and Privacy Principles and where commercially practical include suitable privacy and confidentiality clauses in our agreement with them.
  • Some of the third parties to whom we disclose personal information may be located outside the state or territory in which the information was collected or outside Australia. The state/territories and countries in which such third parties are located will depend on the circumstances. For example, we may disclose personal information to our related companies overseas and to our overseas service providers. In the ordinary course of business, we commonly disclose personal information to third parties (for example, offshore data centres located in New Zealand and USA).
  • We will not otherwise disclose your personal information to other companies without your consent.
  • We will take reasonable steps to keep any personal information we hold about you secure. Our website (including the booking portal) is a secure and controlled environment. This includes the use of SSL/https 128-bit encryption whenever sensitive information is transferred across the internet. Please notify us immediately if you become aware of any breach of security. We try to maintain your personal information as accurately as reasonably possible. We rely on the accuracy of personal information as provided to us both directly (from you) and indirectly.
  • We will take any privacy complaint seriously and any complaint will be assessed by an appropriate person with the aim of resolving any issue in a timely and efficient manner. We request that you cooperate with us during this process and provide us with any relevant information that we may need.
  • Please address all privacy complaints and requests to update or access information to:
    Attention: Privacy Officer TW&CM Pty Ltd
    Ground Floor, 50 Park Road,
    Milton, QLD 4069

    OR
    reception@twcmhealth.com.au
    Any requests to access, update or correct your personal information should be made in writing.
  • If you are not satisfied with the outcome of our assessment of your complaint, you may wish to contact the Office of the Australian Information Commissioner (click here for information) or other relevant regulators.

11 Limitation of Liability

  • All conditions and warranties, whether express or implied and whether arising under statute or otherwise, as to the condition, suitability, quality, fitness or safety of any Benefit or any goods or services supplied are expressly excluded to the full extent permitted by law.
  • Any liability TWCM and/or a Participating Pharmacy may have to you, in respect of any Benefit or any goods or services supplied which cannot be excluded, is limited, where permitted, to supplying, or paying the cost of providing the Benefit or supplying the goods or services again.
  • TWCM is not liable for: any delay in providing you with the Benefits; any delay, failure or inability to accurately record the details of any transaction or credit Reward Points to a Rewards Card; and the suspension or termination of the Rewards Program or Reward Points in accordance with the Rewards T&Cs.
  • The benefit of any exclusion or limitation of liability in these T&Cs also applies to the Participating Pharmacy. Participating Pharmacies do not have any authority, express or implied, to make any representation, warranty or statement on behalf of TWCM and TWCM accepts no liability in respect of such representations, warranties or statements.

12 GST

  • If GST is or becomes payable on a supply made under or in connection with this T&Cs, an additional amount (Additional Amount) is payable by the party providing consideration for the Supply (Recipient) equal to the amount of GST payable on that supply as calculated by the party making the supply in accordance with the GST Law.
  • The Additional Amount payable under this clause is payable at the same time and in the same manner as the consideration for the Supply, and the party making the Supply must provide the Recipient with a tax invoice immediately after the time of payment of the Additional Amount.
  • If the rate of GST payable in respect of Supplies made (or deemed to be made) in connection with this T&Cs changes, the amount payable must be adjusted so that the economic benefit of this T&Cs to the party receiving each payment remains the same, irrespective of the rate of GST which applies.
  • Terms used in this clause (including “supply”, “consideration”, “representative member”, “tax invoice” and “GST group”) have the same meaning as defined in the GST Law.

13 More Information

14 General Provisions

  • These T&Cs is the entire agreement of the parties in relation to its subject matter and supersedes all other representations, negotiations, arrangements, communications, understandings or agreements.
  • We may at any time, in its absolute discretion and with or without prior notice to you, change these T&Cs.
  • We may endeavour to advise you of altered or new conditions regarding the T&C’s by posting a notice on the website www.terrywhitechemmart.com.au/hbp, or posting a notice in Participating Pharmacy, or by such other means including email or SMS as we may determine. We or a Participating Pharmacy will not be liable for, and you agree not to make a claim, in respect of any failure to advise you of altered or new conditions regarding these T&Cs.
  • In performing its obligations under these T&Cs, each party will comply with all laws applicable to it.
  • If a provision of these T&Cs is invalid or unenforceable in a jurisdiction:
    • it is to be read down or severed in that jurisdiction to the extent of the invalidity or unenforceability; and
    • that fact does not affect the validity or enforceability of that provision in any other jurisdiction or the remaining provisions.
  • A waiver by a party of a provision of or of a right under these T&Cs is binding on the party granting the waiver only if it is given in writing and is signed by the party granting the waiver. Failure by a party to exercise or delay in exercising a right does not prevent its exercise or operate as a waiver.
  • These T&Cs are governed by the laws of Queensland, Australia.