“the website” means finasteride.com.au
“Services” means the use of the website to facilitate the supply of the prescription medication A&M Finasteride through a pharmacist.
“We”, “our” and “us” means Ashley & Martin Pty Ltd, including its directors, employees, contractors and affiliates.
“You” means the user accessing our website and using our Services.
SERVICES AND CONDUCT
You acknowledge and agree:
- we are a facilitator acting only for the purposes of permitting you to access our website in order to facilitate an Australian registered medical practitioner to complete your prescription and to forward it to the pharmacist in order to supply you with the prescription medication for your personal use;
- The pharmacist will arrange delivery of the prescription medication to you using *[a delivery service or registered mail]*;
- We will not accept any returns of the product after the pharmacist has given it to the delivery service as it is a prescription medicine; and
- If we accept your request for Services we will facilitate the supply to you of the number of boxes of the product that you request when you process your order on our website.
- Because we will not receive or store a copy of the prescription we are not able to facilitate delivery of repeat supplies by the pharmacist. You must carry out a new request for Services and obtain a new prescription to re-order the product.
- All major credit cards including Visa and MasterCard (there is no surcharge for Visa or Mastercard)
Your payment transaction will be processed as you complete the request for Services on the website. We do not store your credit or debit card information at any point in the transaction in order to protect the security of your card information.
If we cannot fulfil your request for Services due to not receiving a prescription from the medical practitioner, we will refund you as described in our Refund Policy.
If we decline to complete your request of Services under our Completion of Order Policy we will refund you as described in that policy.
We will have a 28 day refund policy so that if we have received payment from you but the medical practitioner has not delivered the prescription to the pharmacist during this time, we will refund your payment automatically at the end of the 28 day period less a deduction of a $12.00 administrative fee .
COMPLETION OF ORDER POLICY
We may require you to provide additional information before we accept and process any request for Services.
The delivery to you of any email or any other form of confirmation of your request for Services, or the receipt of funds from your or deductions to your debit card or credit card, does not signify our acceptance of your request for Services, nor does it constitute confirmation of our offer to provide you the Services.
We reserve the right to decline to process any request for Services when there has been an incorrect price listed due to a typographical error on the website.
We also reserve the right, after receipt of your request for Services, to accept or decline your request, which right we may exercise in our sole discretion at any time, without having to provide you with any reason for our decision.
When we decline to accept and process any request for Services under this Completion of Order Policy, we will refund you the amount received from you or reimburse any deductions from your credit card .
INFORMATION ON THIS WEBSITE
The information on this website is for informational purposes only and is not intended as a diagnosis of any medical condition or advice as to medical treatment of any condition.
We are not involved in making any determination regarding the appropriateness, validity or otherwise of the prescription medication. You should seek the advice of a medical practitioner, pharmacist or qualified health provider in relation to your use of the medication.
You should also read any information contained on any product packaging, labels or information sheets supplied with the medication.
CANCELLATION AND TERMINATION
If we have reasonable grounds to suspect the information you provide on our website is untrue, inaccurate or incomplete, or that you have breached any Terms, or for any other reason including if, in our opinion, you have breached the purpose of our website, at our sole discretion we have the right to immediately terminate your transaction. We may also deny the use of our website and services to you in the future and are not obligated to provide any refund or part thereof monies paid in the event of any breach or termination.
We will not be liable to you or any third party for any claims or damages arising out of any termination or any other actions taken by us in connection with such termination.
We do not collect or store your prescription, or medical information as described in the Privacy Act 1988 (Cth) or your ‘health information’ as described in the Personally Controlled Electronic Health Records Act 2012 (Cth). All your medical or health information is collected and managed directly by the medical practitioner that is responsible for issuing you a prescription .
We comply at all times with the Privacy Act 1988 (Cth) which regulates how personal information is handled including all health details which are considered sensitive information. We only collect information required to provide our Services and we keep this information in secure encrypted servers.
We will not disclose any personal information without consent unless required due to a medical emergency, injury, health risk or similar and we will only do so to a qualified professional who is under the same duty of confidentiality.
AGREEMENT FOR SERVICES
To be eligible to use our Services, you agree to the following:
You warrant that:
- You are 18 years of age or older and able to form a legally binding contract; and
- You will not use our Services for any illicit, unlawful, fraudulent, inappropriate, offensive or otherwise illegal activities.
We make no warranty that the website will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will do our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will notify you if the website becomes unavailable for any lengthy and unusual time period.
You agree and acknowledge that the website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage.
You agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website.
MODIFICATION OF WEBSITE AND CONTENT
We reserve the right at any time and from time to time to remove, delete, alter or amend any content or the website. In particular, if we believe the content to be inappropriate, potentially breach regulations, receive complaints or for any other reason and in our reasonable discretion, we may remove or modify content at any time without notice. We will not be liable to you or any third party for any modification when it is required.
We reserve the right to disclose your name to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.
You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our website or Services. You acknowledge and agree that we are facilitator only and are not in any way responsible for the conduct of any third party provider involved in the delivery of services or products in response to your request for Services.
We are in no way to be held liable, directly or indirectly for any loss, injury or damage that may result from any reliance on any advice, information or otherwise indirectly related to the use of our Services.
Our liability is governed by the Australian Consumer Law (ACL), including any consumer guarantees provided by the ACL that cannot be excluded or modified. All other conditions and warranties which may be implied by custom, or statute are expressly excluded by these Terms.
This limitation of liability clause includes any reliance by you on the information on the website, access to or inability to use the website. You assume all risk in using the Services and we cannot be liable for your use of or reliance on any Services. While we endeavor to keep the website up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to any of the Services for any particular purpose and provide it for your informational purposes and out of our own analysis. Any reliance you place on such information is therefore strictly at your own risk.
In any event, our liability to you will not exceed the amount actually paid by you to us in the preceding one month period.
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of Ashley & Martin Pty Ltd.
All other trademarks or service marks within this website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name (or any of our advertisers).
You are solely responsible for obtaining written permission before reusing any copyrighted material that is available on this website. Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
MODIFICATION OF WEBSITE AND CONTENT
We reserve the right at any time and from time to time to remove, delete, alter or amend any part of the website. Any amendment will be effective from the time such changes are made. Your continued use of the website after any change becomes effective will constitute your agreement to the Terms as amended.
These Terms are governed by the laws of Western Australia which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of Western Australia for determining any dispute concerning these Terms.