TERMS OF USE – TERRYWHITE CHEMMART WEBSITE

Thank you for visiting the Terrywhitechemmart.com.au website (Website). Terrywhitechemmart.com.au is a leading online pharmacy: a retail marketplace for visitors to shop their preferred TerryWhite Chemmart pharmacy and an information site for pharmacy products. Online orders are fulfilled by the TerryWhite Chemmart pharmacy of your choice that is participating in the Website (Preferred Pharmacy) and their details are available when you select your Preferred Pharmacy. This Website is designed to provide a convenient, private and informative retail experience for you to purchase pharmacy products and is accessible 24 hours a day, 7 days a week.

We want each visitor to the website (you or your) to have an enjoyable and informative retail experience, so we have established the following terms and conditions so that we both know what to expect from each other (Terms of Use). By using the Website you agree to be bound by these Terms of Use, our Returns Policy and Shipping Policy. Please read them carefully. Your usage of the Website indicates your acceptance of these Terms of Use. Placing an order also indicates your acceptance of these Terms of Use, our Returns Policy and Shipping Policy.

INFORMATION DISCLAIMER

We do not give or provide any warranties whatsoever in relation to any information on this Website. Information and statements are not intended to diagnose, treat, cure, or prevent any disease. No warranty is made that any information on or linked to this Website is complete and/or accurate. All information contained on the Website, including information relating to medical and health conditions, products and treatments, is for informational purposes only and may be presented in summary or aggregate form.

Professional advice is required for each particular illness, disease, infection, injury or other medical condition and for dosages of pharmaceutical product available from this Website. Information of this sort is not to be taken as medical advice whatsoever. You take full and total responsibility for what you do with this information, and any resulting outcomes from your actions.

The information contained in this Website is not intended nor is it implied to be a substitute for professional medical advice or any information contained on or in any product packaging or labels. Always seek the advice of your Pharmacist, General Practitioner, other medical practitioner or qualified health provider when starting any new medical treatment, continuing with medical treatment or with any questions you may have regarding yours or any other party’s medical condition. Nothing contained in the service is intended to be or should be taken for medical diagnosis or treatment.

Product images displayed are for representation purpose only. Actual product may differ from images shown.

COPYRIGHT AND TRADEMARK NOTICE

TerryWhite Chemmart trade marks are used on this Website as trade marks only in Australia. TerryWhite Chemmart is a registered trade mark used under licence from TWC IP Pty Ltd ACN 136 833 611 to TW&CM Ltd ACN 136 833 620 (TWCM or We).

This Website is owned and operated by TWCM. Unless otherwise specified, all material appearing on this Website, including the text, site design, logos, graphics, icons and images, photographs, graphics, typefaces and other material (Content) as well as the selection, assembly and arrangement thereof is subject to applicable copyright laws. Copyright ©TW&CM Pty Ltd, ALL RIGHTS RESERVED.

All audio and video clips are the sole property of TWCM or their respective content providers. All software used on the Website is the sole property of TWCM or those supplying the software. You acknowledge that the Website contains Content, audio and video clips and software that are protected by copyright, trademark, or other intellectual property rights, and that these rights are valid and maybe protected in all forms, media and technologies which exist now or are developed in the future.

You may use the content of this Website only for the purpose of shopping on this Website or placing an order on this Website and for no other purpose. No materials from this Website may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without TWCM’s prior written permission.

All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on this Website may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.

DISCLAIMER & LIMITATION OF LIABILITY FOR PRODUCTS SOLD

Except as expressly stated herein, TWCM makes no representations or warranties, either express or implied, of any kind with respect to products sold on the website. Except as expressly stated herein and subject to the provisions of Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law), TWCM expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this website, including but not limited to merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to TWCM or your Preferred Pharmacies arising from any product sold on the site shall be the price of the product ordered. In no event shall TWCM, its related bodies corporate, its directors, officers, employees and representatives, and your Preferred Pharmacy be liable for special, indirect, consequential, or punitive damages related to product sold.

DISCLAIMER FOR USE OF WEBSITE

You expressly agree that use of the Website is at your sole risk. In no event will TWCM, its Related Bodies Corporate, its directors, officers, employees and representatives, third-party content providers or the like warrant that the Website will be uninterrupted or error-free. Additionally, TWCM does not make any warranty as to the results that may be obtained from the use of the Website, or use of the information, content, service, or products provided through the Website.

TWCM explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Website from third parties. We cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.

Under no circumstances shall we or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) the use of or inability to use the Website, (ii) the cost of procurement of substitute products and services resulting from any data, information or services purchased or obtained or messages received or transactions entered into through or from the Website; (iii) unauthorized access to or alteration of your registration information, transmissions or data; (iv) statements or conduct of any third party on the site; (v) negligent or wilful acts of TWCM, its directors, officers, employees and representatives or (vi) any other matter relating to the Website.

You agree to indemnify and hold TWCM, and our related bodies corporate, corporate, directors, officers, employees and representatives harmless from any claim or demand, including reasonable legal fees, made by any you or any third party due to or arising out of the Content you submit, post to or transmit through the Website, your use of the website, your connection to the Website, your violation of the Terms of Use, or your violation of any rights of another.

YOUR ACCOUNT OBLIGATIONS

In consideration of your use of the Website, you agree to:

  • Provide true, accurate, current and complete information about yourself as prompted when registering (Registration Information) and
  • Maintain and promptly update the Registration Information to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your registration and refuse any and all current and future use of the Website.

You are responsible for maintaining the confidentiality of your password and registration and are fully responsible for all activities that occur under your password and registration. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. TWCM considers this Registration Information private. The information is kept on a secure server to protect it from outside parties. We and your Preferred Pharmacy use the information only for the limited purposes of processing and fulfilling your orders, for statistical purposes to improve our site and services to you, to administer our site, and to market and notify you of products, services or special offers that may be of interest to you.

PAYMENT METHODS

Credit Cards: We accept Visa and MasterCard. There is no surcharge for Visa or Mastercard transactions on the Website. Please be sure to provide your exact billing address and telephone number – the address and phone number the financial institution provider of your credit card has on file for you. Incorrect information may cause a delay in processing your order. Your credit card will be billed as soon as your order is placed. This is done to protect the security of your credit card details, as we do not store your card details at any point. Your personal and credit card information will be provided to the Website’s payment gateway provider, Web Active Corporation Pty Ltd (eWAY) to process the payment. Your personal and credit card information will be held by eWAY in accordance with their privacy policy found at https://www.eway.com.au/legal. In the event that your Preferred Pharmacy cannot fulfil your order or some items cannot be shipped, we will refund the difference back to your credit card. These refunds may take several business days to appear on your statement.

We do not accept money orders, cashier’s cheques, personal cheques and company cheques.

ORDER ACCEPTANCE POLICY

Your receipt of an electronic or other form of order confirmation does not signify our or your Preferred Pharmacy’s acceptance of your order, nor does it constitute confirmation of our or your Preferred Pharmacy’s offer to sell. We and your Preferred Pharmacy reserves the right at any time after receipt of your order to accept or decline your order for any reason. We and your Preferred Pharmacy reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.

When your order include medicine products (Medicines), your Preferred Pharmacy may need to be satisfied that you have a therapeutic need for it and that it is appropriate for you. Your Preferred Pharmacy will endeavour to contact you within 48 hours of placing an order to do this. Your Preferred Pharmacy reserves the right to not supply contrary to their professional and ethical obligations.

An accepted order (Accepted Order) will be an agreement by your Preferred Pharmacy to sell and your agreement to purchase the products as listed on the order. All prices for products are inclusive of GST (unless they are exempt from GST).

YOUR CONDUCT

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website, use of the Website, or access to the Website. You agree not to access the Website by any means other than through the interface that is provided by us for use in accessing the Website.

OUR RIGHTS

TWCM may elect to electronically monitor areas of the Website and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Website, including providing it via third party software or application, to your Preferred Pharmacies for the purpose of fulfilling an order; or (iii) to protect our rights or property or the rights of the users, our directors, employees, representatives, sponsors, third party providers or licensors. We are not responsible for screening, policing, editing, or monitoring such Content.

TWCM may terminate your access, or suspend your access to all or part of the Website, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or us.

TYPOGRAPHICAL ERRORS

In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have 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, we shall immediately issue a credit to your credit card account in the amount of the incorrect price.

APPLICABLE LAW

As far as legally possible this Terms of Use shall be governed by the laws in existence from time to time in Australia. Any claim relating to the Website, the services provided through the Website or the Content shall be governed by the internal laws of the state of Victoria and you agree to submit to having the matter dealt with in a court in Melbourne in the state of Victoria Australia.

TERMINATION

These Terms of Use are effective even if this agreement is terminated by either party. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Website with or without notice. You agree that any termination of your access to the website may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your registration and all related information and files under your registration and bar any further access to such files or the Website. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Website.

GENERAL INFORMATION

These Terms of Use constitute the entire agreement between TWCM and you and govern the use of the Website. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

TWCM may amend these Terms of Use from time to time. Any amendment will be effective immediately. Your continued use of the Website after any amendment becomes effective constitutes your agreement to the amended Terms of Use.

SECURITY AND PRIVACY

You acknowledge that your access to the Website may be monitored and tracked by TWCM by the use of cookies and/or retailer IDs. TWCM does not sell, rent or give away your information (including phone numbers and e-mail addresses). This information is highly respected and is only used to assist TWCM in providing you with valued services. Any information provided by you or your browsers (including cookies) will be for the use of TWCM, the operator of this Website. The information, including your personal information will be retained and used by us in accordance with our privacy policy as set out at https://www.terrywhitechemmart.com.au/privacy-policy/ and you expressly consent to its collection, retention and use by us in order to provide you with the products and services on the Website and to maintain your account.

Other than as follows and as set out in our privacy policy, TWCM will not disclose personal information about you or your browsing habits to any other third party, unless you give TWCM express permission to do so, or unless required to do so by law. In order to provide you with the products and services on the Website we will provide your personal information to:

  • Website’s payment gateway provider, Web Active Corporation Pty Ltd (eWAY) to process the payment; and
  • Your Preferred Pharmacy to fulfil your order.

Your Preferred Pharmacy will record and collect information to provide you with the health service that you have requested. The collection of this information is permitted under Australia law. For example, this applies to prescription details that we are required to collect in accordance with relevant legislation including the National Health Act 1953 (and its regulations) and the poisons laws as in force in the Australian States and Territories. Any personal information held by your Preferred Pharmacy will be subject to their privacy policies which can be obtained by contacting your Preferred Pharmacy.

TWCM may disclose aggregated information about you in general and statistics related to this website to others, but in doing so, will not disclose information about any particular individual. Notwithstanding the above, you acknowledge that transmissions to and from this Website may be monitored, intercepted or modified by other parties.

LINKING AND FRAMING

Links to external sites from this Website are provided for convenience only and TWCM does not endorse or make any warranty with respect to such external sites.

SITE AVAILABILITY

TWCM does not warrant that the Website will be available at any time. Users acknowledge that the Website may be unavailable for a number of reasons, including due to matters beyond TWCM’s control, and shall not hold TWCM accountable in respect of any claims arising there from. TWCM does not warrant that your access to the Website will meet any particular performance criteria.

ITEM AVAILABILITY & CATALOGUES

Not all items displayed in our catalogues will be available to purchase on the Website or available from your Preferred Pharmacy. These products are available at your Preferred Pharmacies while stocks last.

Please be aware that not all TerryWhite Chemmart pharmacies are all independent owned pharmacy businesses and may choose not to participate by selling their products through the Website. If your local TerryWhite Chemmart pharmacy is able to be selected as your Preferred Pharmacy, you will be able to place an order for products with that pharmacy.

LIMITED PURCHASE QUANTITIES

TWCM reserves the right to monitor and limit the purchase amounts of products at its sole discretion. TWCM reserves the right to restrict sales to a non-commercial level at its sole discretion. In such cases TWCM will reduce product(s) to what we considers a non-commercial quantity.

INTERNATIONAL DESTINATION RESTRICTIONS

This Website only delivers to Australian postal addresses. Orders cannot be shipped to an international address.

UPDATES TO PRIVACY POLICY

We may amend this Privacy Policy at any time and from time to time. If we do so, we will post the amended Privacy Policy on our website

RETURN POLICY

Our website’s returns policy is in addition to your rights under Australian Consumer Law. This policy applies for online orders only. Online orders (Delivery or Click and Collect) can only be returned via the process described below. If your purchase was made in store, any returns should be directed to the original store.

All products sold on the Website comes with guarantees that cannot be excluded under Australian Consumer Law. Please contact your Preferred Pharmacy that you purchased the products from if the item is:

  • Faulty or is not as described;
  • Significantly different to what was advertised;
  • The product is unsafe; or
  • Not of acceptable quality.

We and your Preferred Pharmacy reserves the right to return the product to the manufacturer for further evaluation. The outcome of this evaluation will be provided and no refund or replacement will be provided if the item was damaged due to misuse or neglect.

All returns must be made at your Preferred Pharmacy that you purchased the product from. Details of your Preferred Pharmacy can be found on your order confirmation email or tax invoice. In order to be eligible for a refund or replacement, you must present the product along with a copy of your tax invoice. Refunds will only be issued using your original payment method.

Damaged or incorrect products – Please contact your Preferred Pharmacy (details of which are in the order confirmation email) within 7 days of receipt of the products:

  • If your products arrived damaged; or
  • If the incorrect item was delivered.

You may be required to provide your Preferred Pharmacy with an image of the damaged or incorrect product in order to process a refund or replacement. Your Preferred Pharmacy will cover the cost of freight of these returned products.

Cancellations – Please contact your Preferred Pharmacy (details of which are in the order confirmation email). They will endeavour to process your cancellation request but not be able to do so if your order has been dispatched and you have changed your mind.

No returns, refunds or exchanges will be offered for changes of mind. Please read all descriptions, ingredient lists and warnings for the product before purchasing.

DELIVERY POLICY

We will deliver your order for free if your online order is over $69 (inclusive of GST) and your delivery address is within 5km of your Preferred Pharmacy. For delivery addresses greater than 5km to 15km from your Preferred Pharmacy, your order will be delivered for free if that pharmacy supports your delivery area.

ORDERS UNDER $69

For orders less than $69 (inclusive of GST), deliveries will be charged at the following rates:

  • 0 to 5km from your Preferred Pharmacy – $7.50
  • >5km to 15km from your Preferred Pharmacy – $15 provided that delivery range is supported by your Preferred Pharmacy
  • >15km from your Preferred Pharmacy – Cost to be quoted provided that delivery range is supported by your Preferred Pharmacy

Please contact your Preferred Pharmacy if you are not sure that delivery to your delivery address is supported.

We do not ship to international addresses.

TIMING

We understand that getting your pharmacy products as quickly as possible is of utmost importance. That is why your Preferred Pharmacy will endeavour to dispatch an Accepted Order within 2 working days. It is important to note that Accepted Orders can only be dispatched Monday to Friday. Your Preferred Pharmacy will also endeavour to have your Click & Collect orders available for collection within 2 hours of acceptance of the order. All Click & Collect orders are free of charge and must be collected at your Preferred Pharmacy.

Please allow up to 2 working days from approval of your order for it to arrive before contacting your Preferred Pharmacy. Delivery times are reliant on a number of factors and may vary depending on where you live or other circumstances that may physically constrain, restrict or impede regular deliver of products. If your Preferred Pharmacy becomes aware of delays with delivery of your order they will contact you.

DELIVERY METHOD

Your Preferred Pharmacy will utilise a range of delivery services and methods in order to fulfil your order as quick as possible. This may include via a delivery vehicle owned by your Preferred Pharmacy or a contracted courier service.

There will be no tracking numbers for orders due to our localised fulfilment process. If you have questions about the status of your order, please contact your Preferred Pharmacy directly.

Your order will be delivered to your address and may require a signature and identification upon receipt. Please be sure to add all Unit/Flat and Business names as appropriate for your order. If no one will be home during business hours, we suggest that you provide a work address for delivery.