Welcome to the legal page of Clare Valley Family Pharmacy. The terms and conditions mentioned on this page will govern all issues that may arise in relation to your access to www.clarevalleyfamilypharmacy.com.au (the website) or use of its product listings, search features, social media or related services to buy any healthcare product being offered or made available on the website (the Services).

This website is owned and operated by Clare Valley Family Pharmacy (also referred as we, our, us) with its head office at 24 Main North Road, Auburn SA 5451. The website offers an online store for healthcare products where you can order your medicines and other healthcare products from the convenience of your home. You can also access useful information for preventing disease and maintaining good health.

We endeavor to provide a convenient and hassle-free shopping experience so that you can easily purchase any medicine or healthcare product. The website can be accessed round the clock  – 24 hours a day, 7 days a week. However, we provide the Services under the following terms and conditions. Please carefully read and review these terms and conditions before using any feature or service being made available on the website. These terms and conditions will help you understand exactly what you can expect from us and promote a safe and pleasant experience during your visit or use of the Services.

Agreement

All users and guest visitors (you) shall consent to these terms and conditions before using any feature or service being offered or made available on the website. Clicking I Agree or related syntax to consent these terms and conditions, placing an order on the website or otherwise using any feature or service being offered or made available on the website shall be deemed as your explicit consent to enter a binding agreement with Clare Valley Family Pharmacy consisting of these terms and conditions (Agreement).

By entering this Agreement, you acknowledge and consent that:

  • You are legally mature and otherwise qualified to enter a binding agreement in your jurisdiction. All access to the website without consenting to these terms and conditions shall be deemed as unauthorized access.
  • Clare Valley Family Pharmacy shall be entitled to determine the process and procedures for using the Services on the website.
  • Clare Valley Family Pharmacy reserves a right to monitor your use of the Services on the website but shall have no such obligations to monitor, edit, screen, regulate the content on the website. However, if we believe or become ware that your activities are not in compliance with the applicable laws, prejudicially interfere with the rights of our directors, executives, employees, representatives or other users on the website, or otherwise necessary to operate this website, we may disclose any record, communication, information or content to the relevant authorities/third parties in our sole discretion.
  • Clare Valley Family Pharmacy may restrict, suspend or permanently block your access to the website or use of the Services in its sole discretion and without any obligations whatsoever. Such restriction, suspension or termination of your account may occur if we believe or become aware that your access to the website or use of the Services is in violation of the applicable laws or prejudicially directed against the interests of our suppliers, service providers, merchants, sponsors, licensors or other users on the website.

Copyrights and Trademarks

The website and its presentation, including but not limited to icons, logos, page headers, trademarks, service marks, texts, images, graphics, audio and videos, descriptions, product listings, scripts, applications, services, service names, databases, compilations and other materials (collectively the Content) are exclusive properties of Clare Valley Family Pharmacy or its collaborating partners as the case may be, and subject to relevant copyright laws and international conventions. Copyright © 2020 Clare Valley Family Pharmacy. All Rights Reserved.

The images, product descriptions, audio or video clips, applications and other content on the website are exclusively owned by Clare Valley Family Pharmacy or the respective providers, fully protected by the respective copyright and trademark laws that are valid and significantly comprehensive to protect the Content in all forms, media and technologies, whether existing or yet to be developed in the future. All proprietary rights otherwise not claimed on the website belong to Clare Valley Family Pharmacy.

You may access this website, download any product image or description, or use the content for personal and non-commercial use (ordering a product on the website), but nothing in this limited license shall grant you any right, whether by estoppel or otherwise, to extract, copy, distribute, transmit, publish, create derived works, or commercially exploit the Content in any media or manner without obtaining a prior written authorization from Clare Valley Family Pharmacy or the respective copyright owners. Any violation of copyright, trade mark and other applicable laws on the website will result in a civil or criminal prosecution to the fullest extent possible.

Registration/Subscription

You are not required to register or create an account for browsing this website but only registered users shall be entitled to place an order or use other value-added services made available on this website.

When you provide any information to create an account (Registration Information) or otherwise use the Services made available on the website, it shall be deemed as your undertaking that submitted information is accurate, authentic, relevant, correct, current and complete, and you will keep this Registration Information accurate and updated.

If we believe or become aware that your submitted information is incorrect, incomplete, outdated, false or fabricated, we may restrict, suspend or terminate your account and prevent any further access to the website in our sole discretion.

You shall be solely liable to secure your login credentials (user id and password) and ensure that the run-time environment of your device is not compromised. If you suspect any unauthorized activity on your account, immediately review the security of your account and inform our support team to prevent or minimize your liabilities arising out of such unauthorized access. You agree to be solely liable for all activities that take place under your account credentials.

Any information you submit on this website, including the Registration Information will be handled according to our Privacy Policy which is being incorporated into this Agreement. Your personal information will be securely stored on our servers and used only for processing your orders, keeping you updated regarding your shipment, improving the Services and other limited purposes as set forth in the privacy policy. For more information, please refer to our Privacy Policy.

Orders

All orders on the website shall be subject to availability of requested healthcare products and its acceptance by Clare Valley Family Pharmacy. We may request additional information or require you to undergo any verification procedure before accepting your orders.

Any acknowledgement message or email denoting your purchase request shall never be deemed as a confirmation of your order or acceptance of your purchase request. Clare Valley Family Pharmacy may refuse your purchase request, cancel any confirmed order or limit the quantity or requested products in its sole discretion. If we supply less than the quantity you ordered, the difference will be credited to your payment instrument.

Purchase Quantity

Clare Valley Family Pharmacy may monitor your orders and limit the quantities of any product to a non-commercial level, as determined by it. You can purchase the quantities a normal customer is supposed to buy for non-commercial purposes. However, if you want to purchase large quantities for business purposes, please contact our sales team at [email protected]

Price and Payment

All prices and promotional offers are subject to change at any time and in the sole discretion of Clare Valley Family Pharmacy.

You can use any payment instrument (Visa, MasterCard, BPay, PayPal, etc.) listed and available on this website. We do not charge any processing fee (surcharge) on Visa or MasterCard transactions, but Clare Valley Family Pharmacy is not liable for any additional charges imposed by your bank for insufficient funds, over the credit limits or any other reasons.

It shall be your responsibility to ensure that you are authorized to use your payment instrument, it has sufficient funds, and your submitted contact details and billing information is correct. If submitted information is incorrect/incomplete, your orders may be delayed because we can process your orders only when we have your correct/complete information. We highly recommend that you should use the same phone number and billing address that you have made available to your credit card bank.

Once you place any order using your credit card, it will be charged immediately because we do not store your credit card details. If your order is refused or the requested quantity is limited due to any reasons, we will refund the difference to your payment instrument. Depending on your payment instrument, it may take a few business days to these refunds being credited to your bank account.

If you use BPay or similar payment instruments, your orders will be processed only when we receive the money from the respective payment instrument. It may result in a slightly delayed processing of your orders. For example, if you place any order using BPay, we may receive the money on the next business day or even after two (2) business days. So, if you place an order after 4 pm on Friday, your order may be processed on the next Tuesday. We highly recommend that you should use your credit card for ordering healthcare products that you need urgently. All refunds in relation to your BPay transactions, whether due to limited stocks or otherwise, will take place through Cheques because refund option is not available with BPay transactions.

Use of Gift Cards

All gift cards issued or sponsored by Clare Valley Family Pharmacy shall be treated as cash, to be used or redeemed exclusively for the merchandise or services being made available by Clare Valley Family Pharmacy. Mutilated, defaced, tampered, lost or stolen gift card shall never be redeemed, replaced or refunded. No such gift cards shall be redeemable for cash or used for any settlement of credit or retail accounts.

All gift cards shall be redeemed before its expiry date mentioned on the card. Any unused balance after the expiry of a gift card will not be credited or refunded. If your order exceeds the amount available on your gift card, you must pay the difference using any payment instrument made available on the website.

The gift cards and these terms governing your use of gift cards are subject to change at any time and in the sole discretion of Clare Valley Family Pharmacy. By using a gift card, you consent to be liable for all transactions that are made using your gift cards unless there is any discrepancy or fraud due to our negligence. If you need any help and support regarding your gift card, please contact our support team.

Prohibited Activities

The website shall be used for lawful purposes only. You shall follow all the local, state or federal laws related to your purchase of healthcare product or use of any feature or service made available on the website.

All kinds of infringements and unlawful activities on the website shall be strictly prohibited. You are not allowed to copy, extract, duplicate, reproduce, publish, transmit, create derivative works, sell or commercially exploit any feature or service on the website, in whole or parts thereof, without obtaining prior written consent from Clare Valley Family Pharmacy. You agree that you will access the Services only through the application/interface which is being provided by us.

Errors and Omissions

Clare Valley Family Pharmacy shall be entitled to rectify any typographical error, incorrect pricing details received from the suppliers, or other omissions on the website as and when we become aware of it. If the price of any listed product is rectified after you have placed your order, we will inform you regarding the correct price of your order as soon as we can. You will have the option to continue with your purchase at the modified price or cancel your order.

Clare Valley Family Pharmacy reserves a right to cancel any confirmed order and/or refuse a shipment due to an incorrect price, even if your payment instrument has been charged. If any confirmed order is cancelled, we will immediately issue a refund to your payment instrument. If the correct price is less than the price you have been charged, we will credit the difference to your payment instrument.

Termination

Clare Valley Family Pharmacy reserves a right to cancel any order and terminate this Agreement in its sole discretion. You may also deactivate your account and discontinue the Services at any time.

If this Agreement is terminated, all content associated with your account will be deleted unless we are required to retain any information due to our accounting, reporting or other legal obligations. Any such termination of this Agreement shall have no effect on your pending obligations under this Agreement.

No claims or compensation shall be admissible on the grounds that this Agreement was terminated or your access to the Services was restricted/suspended without any prior notice. Clare Valley Family Pharmacy shall not be liable to you or any third party for any cancellation of your orders or termination of this Agreement. This section shall survive any termination of this Agreement.

No Professional Advice

The Content on this website is intended for general information purposes. Nothing on this website or communications with our support team or representatives, whether written or oral, shall be deemed or construed as any kinds of professional medical advice to diagnose, prevent, treat or cure any health issue you may have.

We do not provide any warranty that any information being featured on the website or made available through linked websites will be accurate, complete or reliable. The health-related information on the website, including the medical and health conditions, product descriptions, the line of treatments, study reports, and related information is being provided in a summarized form and intended to be used for information purposes only.

Please acknowledge that professional advice from a registered medical practitioner is necessary to diagnose/treat any medical condition (disease, illness, infection or injury) or adjust the dosage of medicines and other healthcare products made available on the website. The information on this website shall never be taken as any kinds of medical advice. By using the website, you expressly consent to be fully responsible for your reliance on any information made available on the website and the results of using any such information.

We highly recommend that you should always consult with your local physician, pharmacist, medical practitioner or healthcare provider before starting any line of treatment, continuing with any treatment, resolving health issues or seeking answers related to your or any of your loved one’s medical conditions. The information on this website is not a substitute for professional medical advice or any instruction/information featured on the product packaging or labels.

THE SERVICES ON THIS WEBSITE ARE NOT INTENDED FOR AND SHALL NEVER BE USED AS ANY KINDS OF PROFESSIONAL ADVICE FOR DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITIONS YOU MAY HAVE.

Indemnity

You shall indemnify Clare Valley Family Pharmacy, its partners, suppliers, service providers, and each of their directors, executives, employees and representatives, defending them harmless against all claims, liabilities, damages, actions, proceedings, costs and expenses, including the legal and administrative expenses arising out of or in relation to your:

  • Use of the website
  • Non-compliance with the applicable laws or breach of this Agreement
  • Infringement of third-party rights, including their intellectual properties and proprietary rights.
  • Submitted/posted content or other acts and omissions on the website, including any derogatory, offensive or otherwise objectionable content posted, shared or transmitted through the website

This section shall survive any termination of this Agreement.

Disclaimer of Warranties

Subject to your statutory rights, Clare Valley Family Pharmacy disclaims all warranties, conditions, and undertakings to the maximum extent permitted in your jurisdiction. The products are being offered on As-is and As-available basis without creating any kinds of express or implied warranties of accuracy, authenticity, reliability, availability, merchantability, fitness for particular or suitability of the products as per your requirements or expectations. You shall use this website at your own risks and discretion.

Nothing on this website, third-party contents, or communications with our executives, employees or representatives, whether written or oral, shall create or be construed as any kind of express or implied warranties that the Content, including but not limited to any views, reviews, testimonials, product descriptions, specifications, expected results or related information (on the website or made available by third parties) will be accurate, authentic, correct, complete, reliable, available or free from all kinds of infringements, interruptions, errors, omissions and harmful viruses.

We do not claim that the website will be available all the times. The Services may be interrupted, disrupted or temporarily suspended due to maintenance, non-performance of third parties or other force majeure events. All these warranties are hereby disclaimed.

Limitation of Liabilities

By using this website, you expressly consent that Clare Valley Family Pharmacy, its partners or other third parties involved in making the website available to you shall not be liable for any direct, indirect, incidental, consequential, punitive or special damages, including but not limited to any loss of business, revenue, profit, cost savings, goodwill, credibility, self-confidence, peace-of-mind or other intangible damages arising out of or in relation to:

  1. Your ability or inability to use any feature, product or service made available on the website,
  2. The escalated cost of obtaining the same or substitute products from another provider due to any information or service made available on the website,
  3. Unauthorized access to your account or any loss, deletion, alteration or misuse of your Registration Information or other transaction data on the website,
  4. Acts and omissions of other users or third-party service providers on the website,
  5. Negligence of duty or other willful acts of our directors, executives, employees or representatives,
  6. Other unforeseeable matters related to your use of the website even if such damages arise due to our non-performance, delays in processing your order, torts or breach of contract, and the possibility of such liabilities was already conveyed to Clare Valley Family Pharmacy.

If any incidental, consequential or other damages cannot be limited in your jurisdiction, the total liabilities of Clare Valley Family Pharmacy arising out of any misrepresentation, negligence, torts, breach of contract, non-performance, restitution or otherwise shall never exceed the amount you paid to Clare Valley Family Pharmacy for purchasing any product that makes us liable.

General Terms

The terms and conditions of this Agreement, including the policies, procedures, end-user licenses and additional agreements incorporated into this Agreement shall constitute your entire agreement with Clare Valley Family Pharmacy, superseding all your previous agreements, arrangements or understandings with us regarding the subject matter of this Agreement.

The parties agree that any misrepresentations, ambiguity or defaults arising out of this Agreement shall not be construed against the drafting party.

Your use of third-party products, services or content made available on this website is subject to your additional agreements with the respective providers.

If Clare Valley Family Pharmacy ignores any non-compliance or otherwise fails to strictly enforce any rights or provisions under this Agreement, it shall never be deemed as a general waiver of legal rights with regard to your subsequent non-performance, violations or breach of this Agreement.

If any provision of this Agreement is declared null and void by the courts with competent authority or becomes unenforceable due to enacted legislation or otherwise, the impugned clause or provisions shall be severed to the minimum extent necessary, and the remaining Agreement shall survive to be fully enforceable.

International Orders

Clare Valley Family Pharmacy is not processing international orders .

Third Party Links

This website may contain links to or from third party websites, services or content. Such links may be included to provide useful information or services related to the products being made available on the website, but we do not exercise any control over these third-party websites.

We do not claim that any content or information made available by the linked websites will be accurate, reliable, correct, complete, available, legal or non-infringing. We do not endorse or recommend any third-party product, service or content being featured on the website or made available through such links. Clare Valley Family Pharmacy shall not be liable for any claims or damages arising out of or in relation to your use of third-party websites, services or content.

Governing Laws

The terms and conditions of this Agreement, including the policies, procedures, end-user licenses and additional agreements incorporated into this Agreement shall be construed and governed in accordance with the laws of the state of South Australia, without any regard to the conflict of laws. The parties submit to the exclusive jurisdiction of the courts in South Australia and agree that any dispute arising out of or in relation to this Agreement shall be resolved in a court located in Adelaide or another competent court in the state of South Australia.

Changes to this Agreement

Clare Valley Family Pharmacy reserves a right to modify or replace these terms and conditions in its sole discretion. However, if we modify this Agreement to reflect any changes in our business requirements or otherwise, we will publish an update on this Page and send an email notification to inform you regarding the changes in our terms and conditions.

Once notified, the modified agreement shall replace and supersede all your previous agreements, understands and arrangements with Clare Valley Family Pharmacy. Clicking I Agree or related syntaxes or otherwise continuing your use of the website/Services after any such modification shall be deemed as your explicit consent to accept the modified Agreement.

Contact Us

If you have any questions or need further information regarding these terms and conditions, please contact our support team at [email protected] or reach us at:

Clare Valley Family Pharmacy,

24 Main North Road, Auburn SA 54