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Terms & Conditions

This website has been made so we can provide you with the best products and service at the lowest prices and all available 24 hours a day 7 days a week. We want to make sure you have the best experience possible, so the following terms and conditions have been written to make it clear what are our obligations to each other. We will always strive to ensure you have a safe, enjoyable and informative experience when using ThePharmacy website.

Access to and use of this site is provided by ThePharmacy ABN:99 470 945 296 ("ThePharmacy", "we", "us" and "our") on the following conditions and any other directions or rules of use on this site ("Terms"). If you access this site (other than to read these Terms for the first time), you agree to these Terms. We reserve the right to change the Terms at any time by posting changes online. You are responsible for informing yourself of any changes by regularly reviewing these pages. If you access the site after changes are posted, you are taken to have accepted all changes. Children who access this site are encouraged to obtain their parents permission.

EMERGENCY HELP

If you think you have a medical or psychiatric emergency, call 000 (Australia) or go to the nearest hospital. Do not attempt to access emergency care through this website. If you are not sure what sort of care you need, please call your doctor or local hospital.

DISCLAIMERS, LIABILITY LIMITATION AND INDEMNITY

General disclaimers

Use of this site is at your risk. None of ThePharmacy, its affiliates or any of their respective employees, agents, third party content providers or licensors make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with this site, its use, its content or any products or services (including our products or services) referred to on this site. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  1. Your reliance on the completeness, accuracy, suitability or currency of the site or its content.
  2. Failure or delay of performance or in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
  3. Accessing any sites or servers maintained by other organisations through links on this site. Links are provided for the convenience of our site users only, without responsibility for the content or operation of those sites. Unless otherwise stated, we do not endorse linked sites and their products and services. You link to any such site at your own risk.
  4. Defamatory, threatening, offensive or unlawful conduct of third parties.
  5. A breach by us of our Information Handling Policy.

Warranty Disclaimer

ThePharmacy provides the information on this website. This site and its content and site-related services are provided "as is", with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this site, site-related services, and hyperlinked websites. No oral or written information or advice given by ThePharmacy, the agent, or its authorized representatives shall create a warranty or in any way increase the scope of this warranty.

ThePharmacy is not liable to any other party for any loss or damage, including direct, consequential, incidental or indirect loss or damage including loss of profit (whether direct, consequential, incidental or indirect) resulting from a breach of these terms and conditions by ThePharmacy or the negligence of ThePharmacy or its representatives.

Limitation of our liability (if any) to you

Our total liability to you (if any) for loss, damage or reliance shall be limited, at our election, to:

In the case of goods supplied or offered by us for a fee - repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this. We accept no, and exclude all, liability for goods supplied or offered by us for free.

Indemnity

You indemnify us, our affiliates and our respective employees, agents, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by us ("Our Loss") as a direct or indirect consequence of you (or, where applicable, any other person using your username and password) using this site.

Without limiting the preceding paragraph, you indemnify us for any of Our Loss incurred by virtue of any breaches of third parties' intellectual property rights as a direct or indirect consequence of you (or, where applicable, any other person using your username and password) using this site.

Rights we cannot exclude, limit or disclaim

This disclaimer, liability limitation and indemnity does not exclude any rights which by law may not be excluded.

Links

This website may provide links to other websites that are not owned or controlled by ThePharmacy. We are not responsible for the privacy practices of other websites. Consult the privacy statement of each website you visit. Links to other websites do not constitute or imply endorsement by ThePharmacy of those sites, the information they contain, or any products or services they describe.

Information on this website

The materials on this website are provided "as is" and without warranties of any kind either express or implied to the fullest extent permissible pursuant to applicable law. ThePharmacy disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

ThePharmacy makes no claim or representation as to the accuracy of the content contained on this website. ThePharmacy does not accept liability to any person for the information or advice provided on this website. ThePharmacy does not accept any liability for loss or damages incurred by any person as a result of reliance upon the content of this website, or any other information incorporated by reference.

All information on this website is provided by ThePharmacy on the basis that all persons accessing this website undertake the responsibility for assessing the accuracy of its content and that they rely on it entirely at their own risk

Access, correction, and data integrity

Although we attempt to ensure the integrity and accurateness of the website, we make no guarantees as to its correctness or accuracy. It is possible that the website could include typographical errors, inaccuracies, or other errors, and that unauthorised additions, deletions, and alterations could be made to the website by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected.

Revisions, changes, and updates

We may revise our policies and the information on this website or change or update the website without notice. ThePharmacy may also make improvements and/or changes in products and/or services described in this information or add new features at any time without notice. Any revised policy will apply both to information we already have about you at the time of the change, and any personal information created or received after the change takes effect. We encourage you to periodically reread these Terms and Conditions to see if there have been any changes to our policies that may affect you.

Visitor/member message boards and other interactive areas

ThePharmacy may, but is not obligated to, monitor or review any areas of this site where visitors transmit or post communications or communicate solely with each other, including, but not limited to, message boards and other user forums, and the content of any such communications. ThePharmacy, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, and obscenity or otherwise. ThePharmacy retains the right to remove, in its sole discretion, communications that include any material deemed abusive, defamatory, obscene, or otherwise inappropriate.

Shipping & Delivery

We will always take every practical effort to ensure delivery in a timely and efficient manner. However if a user tries to use pseudonyms, fake names, false address information or otherwise in anyway provides false information, we cannot be held liable for delays or non delivery. All information provided on the Shipping & Delivery page/s constitutes part of these terms.

Fraud Prevention

ThePharmacy takes credit card fraud very seriously and endeavours to do everything we can, to protect our customers and all card holders. We will from time to time randomly select orders for a fraud check. As part of our verification process, we will make two small transactions to your card of less than $1AUD. One will be a charge and the other will be a refund of the same amount, so there is no cost to the customer.

COPYRIGHT & INTERLLECTUAL PROPERTY

Copyright and trademark notices

Copyright © ThePharmacy

ABN: 99 470 945 296. All rights reserved.

No trademark of ours (whether registered or otherwise) may be used without our prior, specific, written permission.

Our product names and images on this site may be trademarks or registered trademarks of ours, our affiliates or third parties (including advertisers, sponsors and customers). The use or misuse of these trademarks, except as expressly authorised, is prohibited.
The use by us of a third party trademark on this site is not intended to indicate any association with, or endorsement by ThePharmacy, of that trademark.

We own and/or control, and reserve, all rights

Unless otherwise indicated, all rights (including copyright) in the content and compilation of the web pages and online images (including text, graphics, logos, button icons, video images, audio clips and software) comprising the site are owned or controlled, and are reserved, by us.

We can use your feedback

When you send us any feedback or suggestions about this site or our business, you agree that we can use and adapt any ideas, concepts, techniques, words or images contained in the feedback or suggestions for any purpose and without restriction or compensation.

If you think your copyright has been infringed

We take issues of copyright and intellectual property very seriously. If you believe that any part of this site in any way infringes your copyright or other intellectual property rights, please contact us .

USER CONDUCT

Lawful and authorised use only

You must use this site only for lawful purposes and for the purposes explicitly outlined and authorised in this site (including in these Terms).

If any part of this site requires you to provide a username and password in order to access or otherwise use any part of this site, you must keep that username and password confidential and not provide them to anyone other than us.

We strongly recommend that you:

  1. Keep your password secure and protected;
  2. Keep only one record of your password;
  3. Keep your record of your password separate to your email address;
  4. Do not tell any unauthorised person your password;
  5. Do not allow any unauthorised person to watch you login to the site or hear your password;
  6. Change your password regularly.

IF SOMEONE UNAUTHORISED GAINS ACCESS TO YOUR PASSWORD OR YOU BECOME AWARE OF ANY MISUSE OF YOUR DETAILS, PLEASE CALL US ON 1300 THEPHARMACY (1300 843 742) AS SOON AS POSSIBLE.

You are authorised to:

  1. Download and view content; and
  2. Use the software included in this site for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

You must not, without our prior written permission, exploit any of our site materials for commercial purposes. Otherwise you are not authorised, without our prior written permission and the permission of any other relevant rights holder, to copy, broadcast, reproduce, republish, store (in any medium), transmit, broadcast, distribute, show or play in public, adapt or change in any way, the content of, or create a derivative work from, these web pages for any other purpose. This prohibition does not extend to materials on this site which are expressed to be freely available for re-use or replication, subject to any conditions we specify.

Personal Use

ThePharmacy authorises you to print, copy, reproduce and download materials on this website, subject to the material being used exclusively for personal use, and the material not being modified in any manner. Apart from any fair dealing for the purpose of private study, research, criticism or review, as permitted under the Copyright Act, no part of this site may be reproduced without the written permission of ThePharmacy. If you download material (including software) from this website, the software, including any files, and/or images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by ThePharmacy. You are expressly prohibited from selling, distributing, decompiling, reverse engineering or otherwise dealing with the Software in a like manner.

Commercial Use

Printing, copying, downloading, reproduction or distribution of material from this website for commercial use is expressly prohibited without ThePharmacy's prior written consent. Hyper linking and in particular but without limitation deep linking is expressly prohibited without ThePharmacy's prior written consent, such consent is at the sole discretion of ThePharmacy.

General prohibitions

You must not use this site, or any tools offered through this site, in a manner which; or up-load, post, transmit or otherwise make available through this site any material which:

  1. Violates or infringes the rights of others (including their intellectual property, privacy and publicity rights);
  2. Is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
  3. Encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;
  4. Restricts or inhibits any other user from using or enjoying this site;
  5. Affects the functionality or operation of this site or its servers or the functionality or operation of any users computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly); or
  6. Breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities which require us to take remedial action under any applicable industry code.

Co-operation with authorities

We reserve the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of a lawful direction or request to disclose the identity or other information about anyone posting materials which the authority claims violates any applicable law.

Disclaimer about others' materials

You acknowledge that any third party materials appearing on this site are not necessarily controlled or monitored by us and that the views expressed are not necessarily ours.

Termination

By using this website you agree to these terms and conditions of use and our privacy policy. This agreement is effective from your first use of this website until terminated by you or ThePharmacy. You may only terminate this agreement by unsubscribing to all services provided by ThePharmacy on this website and destroying all materials obtained from this website, all related documentation and all copies and installations thereof, whether made under the terms of this agreement or not. This agreement will terminate immediately, with notice from ThePharmacy if, in ThePharmacy's sole discretion, you fail to comply with any term or provision of these terms and conditions. Upon termination, you must destroy all materials obtained from this website and unsubscribe to all services provided by ThePharmacy on this website.

Applicable law

New South Wales law applies

This site (excluding any linked, third party sites) is controlled by us from Australia. Any disputes must be determined by the courts having jurisdiction in New South Wales, Australia in accordance with laws in force in New South Wales. You irrevocably and unconditionally submit to this jurisdiction.

Unenforceable Terms

If any provision of the Terms is found by a court to be invalid or unenforceable, the invalidity or unenforceability will not affect the remaining Terms.

Site or content may be unlawful outside Australia

We do not warrant that the content of this site complies with the laws of any country outside of Australia. If you access this site from outside of Australia, you do so at your own risk and you accept responsibility for ensuring or confirming compliance with all laws that apply to you as a result of that access or any consequent transactions or dealings with us.

Your responsibilities under laws affecting you

You are responsible for ensuring that your use of this site is lawful, does not infringe any third party's rights and does not breach any standards, content requirements or codes promulgated by any relevant authority (including relevant Internet Industry Codes of Practice).

No offers where illegality arises

Nothing on this site constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.

SPECIFIC ADVICE

If you require specific advice for your individual circumstances please contact us or call ThePharmacy on 1300 THEPHARMACY (1300 843 742) or +61 2 9569 4056 (calling from overseas). Do not rely on the general material on this site.

ThePharmacy provides this website in order to allow its users to view information including general information about health and medical needs.

The material provided on this website is not a substitute for the direct advice of our Pharmacists, your doctor or other qualified health care professional. The mention of specific products or services on this website does not constitute or imply a recommendation or endorsement by ThePharmacy unless it is specifically stated.


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