About

1.1. Welcome to www.quitmed.com.au (the Website), owned and operated by Quick RX Pty Ltd (ACN 652 404 263) (Quitmed, we, us, our). The Website provides an online platform that facilitates connecting users with healthcare services relating to quitting smoking by providing:

1. a) online pharmacy dispensing services; b) online payment gateway provider; c) opportunity to browse a Listing and purchase Products provided by the Pharmacist; and d) health communication services between a User and Pharmacist. (the Services).

1.2. Access to and use of the Website, or any of its associated products and/or Services, is provided by Quitmed.

Acceptance of these Terms

2.1. Please read these terms and conditions (the Terms) carefully. By using, browsing, signing up to, and/or making payment through the Website, this signifies that you have read, understood, and agreed to be bound by the Terms. If you do not agree with the Terms, you must cease use of the Website and the Services immediately.

2.2. If you are signing up on behalf of a company, you warrant that you have the authority to act on behalf of Quitmed and bind Quitmed to these Terms.

2.3. You accept these Terms by registering for the Services, making payment to Quitmed, browsing the Website, or creating an account. You may also accept the Terms by clicking 'I Accept' or 'I Agree' to the Terms, where this option is made available to you by Quitmed in the user interface of the Website.

2.4. You may not use the Services and may not accept the Terms if:

1. a) you are not of legal age to form a binding contract with Quitmed; or b) You are a person barred from receiving the Services under the laws of Australia or other countries, including the country in which you are resident or from which you use the Services.

2.5. By engaging Quitmed or purchasing the medical assessment, you acknowledge and understand that Quitmed does not provide you with any specialist, professional or technical advice, which includes but is not limited to legal, accounting, financial planning or tax advice. For further information, please read the Terms carefully.

2.6. By accepting these Terms, you warrant that you have familiarised yourself with and agree to be bound by the Terms and the Privacy Policy found at https://quitmed.com.au/privacy-policy (the Privacy Policy). If you do not agree to the Terms or the Privacy Policy, you must cease usage of the Website and any of its associated products or Services immediately.

2.7. Quitmed reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Quitmed updates the Terms, it will use reasonable endeavours to provide you with notice of the same. Any changes to the Terms take immediate effect from the date of their publication. The access and use of the Website by you after Quitmed make any changes constitutes the acceptance of any such changes, and you will be bound by those changes. If you do not agree to any changes, you must cease usage of the Website and Services immediately.

2.8. Before you continue, Quitmed recommends that you keep a copy of the Terms for your records. Quitmed recommends that you regularly check these Terms for any material changes.

Definitions

3.1. "User", "you", or "you're" means any user of the Services that has registered an Account.

3.2. Pharmacist means an Australian licensed pharmacist.

3.3. eScript/Script/Prescription means a valid medical prescription provided by a Doctor to the User to purchase the

3.4. Order means the successful order to purchase Products by the User from the Pharmacist that has been accepted by the Pharmacist.

3.5. Products means any products provided by the Pharmacist and available for purchase upon a valid eScript via the Services.

3.6. Listing means the listing of the Products, or any associated products provided by the Pharmacist and available for purchase by the User.

Services

4.1. By Quitmed offering its service to you, you agree and acknowledge that:

1. a) unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are inclusive of GST; b) Quitmed may receive a commission from third parties in relation to the provision of the Services and Products to you; c) Quitmed does not, at any time, provide any guarantees whatsoever, whether express or implied, with respect to the success of the Services, and/or Products; d) you shall remain solely responsible for assessing the implications and risks of using the Services; and e) these Terms do not create a relationship of employment, trust, joint venture, agency, partnership or other relationship of a fiduciary nature between the parties.

4.2. You acknowledge that Quitmed has entered into these Terms in reliance on the acknowledgements, representations and warranties given by you in these Terms and any Form or Questionnaire.

E-Script and Products

8.1. Upon upload of script Quitmed will review validity and grant access to

8.2. Confirmation of script review may be submitted to the User or the User’s Account by the Quitmed or via SMS, email or any other form of communication. Once validity has been assessed, the eScript may be used to access the Listing and purchase any Products made available by the Pharmacist through our Services.

8.3. You acknowledge and agree that Quitmed is a pharmacy the Pharmacist can fulfil your Script requirements.

Payment

9.1. As a User, when purchasing a Product from the Listing made available by the Pharmacist, you agree to make payment of the relevant fee plus any delivery or service fee for the Product (the Product Fee) (collectively the Purchase Price). Quitmed reserves the right to change or alter the Purchase Price at any time, at their sole discretion, and without notice.

9.2. You acknowledge and agree that payment of the Purchase Price may be made through third-party payment gateway providers, including Australia Post secure pay or Stripe or other similar merchant facility payment gateways (the Payment Gateway Provider). In using the Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Provider prior to you using the Payment Gateway Provider.

9.3. Following payment of the Purchase Price being confirmed by Quitmed or once accepted by the Pharmacist, you will be issued with an Order confirmation and receipt through our Services and Quitmed may record your purchase details for future use.

9.4. The User acknowledges and agrees:

1. a) that by submitting an Order for the Products, they are making an offer to purchase the Product and, if accepted, entering into an agreement to buy Products from the Pharmacist, not Quitmed; b) that Quitmed only offers the Services and is in no way responsible for the Products or Delivery; c) that Quitmed reserves its right, at any time and without prior notice, to remove or disable your access to the Services at our discretion and for any reason, including but not limited to, if Quitmed believes that the User has caused any abusive, threatening, sexist or racist comments or actions made towards the Pharmacistand pharmacy staff members; d) that they are responsible for inquiring regarding any allergy requirements of the Products before placing an Order; and e) to communicate with the Pharmacist and pharmacy staff respectfully and professionally. f) Quitmed or the Pharmacist reserves the right to accept or reject your Order for any reason, including but not limited to stock levels and the unavailability of the Products.

Non-Payment

10.1. You acknowledge and agree that where a request for the payment of the Purchase Price is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Purchase Price.

Cancellation and Refunds

11.1. Quitmed charges the User the Purchase Fee for its Services and the Products provided by the Pharmacist. Technological failure is assessed and logged by the Pharmacy staff .

11.2. You acknowledge and agree that an Order for Products, due to regulations, cannot be returned or refunded once it has been placed, processed, and dispatched by the Pharmacist as storage conditions of the Products cannot be guaranteed, which means the Products cannot be reused. For this reason, Quitmed and the Pharmacist are unable to accept returns of the Products and provide refunds.

11.3. You acknowledge and agree that should you require a cancellation of your Order, which has not yet been dispatched, you may do so by contacting Quitmed immediately either by phone or email at hello@quitmed.com.au and providing your Order details and receipt. We can issue a refund on your Order, and this will be processed between 7 to 14 business days, on the basis that your Order has not yet been dispatched.

11.4. Any refunds granted pursuant to clause 11 will be at Quitmed or the Pharmacist’s sole discretion and will not include a refund of any fees and/or commissions.

Delivery

12.1. Any delivery in relation to an Order will be organised directly between the User and the Pharmacist. The Delivery method of an Order is by Australia Express Post or another method or use of a Delivery partner at the Pharmacist’s sole discretion.

12.2. The Pharmacist will confirm your order details to your email and, once processed, will dispatch your Order normally on the next working day from placement of the Order and making payment of the relevant fee. The Pharmacist will use its best efforts to ensure that Orders that are agreed to be delivered, will be delivered on time every time. However, the Pharmacist does not guarantee the delivery dates and time, or the Delivery dates and time provided by Australia Express Post. The delivery times are calculated once the Order is confirmed by the Pharmacist to you.

12.3. To prevent any delivery issues from arising, the User must ensure that:

1. a) all delivery information (such as recipient’s address, name and contact details) provided to the Pharmacist or on the User Account is accurate and complete; and b) all Order information (including any delivery instructions) is given to the Pharmacist for a particular delivery Order.

12.4. If the delivery information or instructions provided to the Pharmacist are not accurate, the Pharmacist will not be liable for any additional costs and expenses that may be incurred in relation to the Order (and, if applicable, re-delivery) of the Products.

12.5. The Pharmacist may use third party independent contractors to provide the delivery of the Products. The User agrees and acknowledges that the Pharmacist may utilize a third-party platform for the delivery of the Products. The Pharmacist does not own or operate the third-party platform, and the User warrants that they have familiarized themselves with, and agree to be bound by, the applicable terms and conditions, privacy policy, and other relevant legal documentation required by the third-party platform prior to you using the third-party platform.

12.6. Where the User has provided their contact details and/or the recipient’s contact details, the User authorizes the Pharmacist to disclose their contact details and/or the recipient’s contact details to the third parties for the purpose of contacting them and/or the recipient to seek further instructions or assistance in the event of any delivery issues. Where the Pharmacist is not able to contact the User, to prevent the loss of the Products, the User authorizes the Pharmacist to retain the Products, and the User will be liable for any additional costs and expenses that may be incurred in relation to the Products and the delivery (and if applicable, re-delivery) of the Products.

12.7. As part of the provision of the Services or if offered by the Pharmacist or a third-party delivery provider, the User may be given the opportunity to track the location and the delivery of the Products. The User must only use the GPS location service for the sole purpose of tracking the delivery of the Products, and the User must not use it for any other purposes. Further, by agreeing to the Terms, the User acknowledges and understands that the Pharmacist uses Google Maps, Google Earth, or OpenStreetMaps as a third-party service provider. Accordingly, by agreeing to these Terms or by receiving the Services, the User is bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy) and the OpenStreetMap Foundation Terms of Use, Acceptable Use Policies, and Privacy Policy.

Copyright and Intellectual Property

13.1. Copyright Ownership: The Website, Services, and all related documents, materials, Products, and Services provided by Quitmed are protected by copyright laws in Australia and international treaties. Unless otherwise indicated, all rights in the content and compilation of the Website and Services (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, lists, design elements, interactive features) (hereinafter referred to as "the Content") are owned or controlled for these purposes and are reserved by Quitmed or its contributors.

13.2. Retention of Rights: Quitmed retains all rights, title, and interest in and to the Services and Website and all related Content. Nothing you do on or in relation to the Services and Website will transfer any:

• a) business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright, or
• b) right to use or exploit a business name, trading name, domain name, trademark, or industrial design, or
• c) a thing, system, or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a thing, system, or process),
• d) or any other intellectual property whatsoever to you.

13.3. License for Uploaded Content: Quitmed, and each User, retain all Intellectual Property Rights, except as stated herein, in any information, data, document, or photographs uploaded to the Website and Services (hereinafter referred to as "Uploaded Content"). The User grants to Quitmed a perpetual, irrevocable, non-exclusive, transferable, royalty-free license to the Uploaded Content. Quitmed will own any results, methodologies, data, or metadata, including any analyses, index results, or reports, derived from the use of the Services or the Uploaded Content (hereinafter referred to as "Derivative Materials").

13.4. Ownership of Derivative Materials: The User acknowledges and agrees that Quitmed exclusively and unconditionally owns all Moral Rights in all the Derivative Materials, Content, and documents relating to the Services, Website, Products, and Services.

13.5. Moral Rights Consent: The User acknowledges and agrees that to the extent that the User has Moral Rights in any of the Content, Derivative Materials, and any related documents or materials, the User will provide a Moral Rights Consent to Quitmed. Quitmed does not grant you any other rights whatsoever in relation to the material and/or the Content unless expressly stated herein. All other rights are expressly reserved by Quitmed.

13.6. License for Personal Use: Quitmed grants you a revocable, limited, non-exclusive, royalty-free license to the Content for personal, non-commercial, educational purposes pursuant to these Terms and conditional upon the payment of the Purchase Price. You may read and copy the material to the extent necessary to use the Services and receive the Products and Services, but you may not publish, resell, or sublicense it.

13.7. Use of Marks: The term “Marks” includes trademarks, service marks, trade names, copyrights, logos, slogans, feedback, testimonials, and other identifying symbols and indicia of the applicable party. All uses of a party’s Marks by the other party will be in the form and format specified in the media or promotional guidelines (if any).

13.8. License for Use of Marks: Subject to these Terms, you hereby grant to Quitmed and its affiliates, for no consideration, a limited, non-exclusive and non-transferable license to use your Marks on a royalty-free basis for the sole purpose of performing the promotional activities as set forth in the media or promotional guidelines (if any). This includes any promotion, testimonials, marketing, or advertising by way of online, in print, in social media, in competitions, advertisements, books, and magazines, design publications, and any other self-promotional or demonstrative purpose. All goodwill related to the use of any Marks shall inure to the benefit of the owner of such Marks. Each Mark licensor reserves the right to revoke the licensee’s permission to use the licensor’s Marks should the use be noncompliant with the media or promotional guidelines or negatively impact or disparage the Mark.

13.9. User Content Restrictions: Without prior written permission from Quitmed and the permission of any other relevant rights owners, you may not broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third-party content for any purpose.

Privacy Policy:

Quitmed takes your privacy seriously, and any information provided through your use of the Website, the Services, Products, or the registration process is subject to our Privacy Policy, which is available at https://quitmed.com.au/privacy-policy. You agree to be bound by the Privacy Policy.

General Disclaimer

15.1. No Limitation of Statutory Rights: Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them), which by law may not be limited or excluded.

15.2. Exclusion of Implied Terms: Subject to the statutory rights mentioned in clause 15.1, and to the extent permitted by law:

• a) All terms, guarantees, warranties, representations, or conditions which are not expressly stated in these Terms are excluded; and
• b) Quitmed will not be liable for any special, indirect, or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services, or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute, or otherwise.

15.3. No Warranties or Guarantees: You acknowledge and agree that:

• a) Quitmed does not make any terms, guarantees, warranties, representations, or conditions whatsoever regarding the Services, or Products other than those provided for pursuant to these Terms;
• b) Quitmed does not provide any guarantees as to the quality of the Services, or Products;
• c) Quitmed does not provide any guarantees as to your success upon your reliance on the information provided during the Services, or Products;
• d) Quitmed does not warrant or represent that the Products on the Listing are free from error or omission or that they have been accurately described.

15.4. No Liability for Third-Party Conduct: You acknowledge and agree that Quitmed is not responsible or liable in any manner for any site content (including the Material, Content, , Uploaded Materials, and third-party content) posted on the Website or in connection with the Services, whether posted or caused by Users of the Website, by third parties or by any of the Services offered by Quitmed.

15.5. Use at Your Own Risk: Use of the Website, the Services, Products, and the is at your own risk. The Website, the Services, the Products, and the are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, contractors, employees, agents, contributors, third-party content providers, or licensors of Quitmed (including any third party where the is made available to you) make any express or implied representation or warranty about its Material, Content, or any services (including the Services of Quitmed) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

• a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay 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 unauthorized access to records;
• b) the accuracy, suitability, or currency of any information on the Website, the Services, or any of its and the Products (including third-party material and advertisements on the Website);
• c) costs incurred as a result of you using the Website, the Services, the Products or the ;
• d) the material, Content, or operation with respect to links that are provided for the User’s convenience;
• e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
• f) any defamatory, threatening, offensive, or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

• Limitation of Liability
• 1. Maximum Liability: Quitmed’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute, or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Quitmed is the resupply of Services to you. In the case of goods, the replacement of the goods or supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired.
• 2. Exclusion of Certain Damages: You acknowledge and agree that Quitmed, its affiliates, employees, contractors, agents, contributors, third-party content providers, and licensors shall not be liable to you or the Pharmacist for any direct, indirect, incidental, special, consequential, or exemplary damages, or consequential loss, loss of profits, goodwill, or business reputation and any other intangible loss which may be incurred by you, however caused, including but not limited to, a Third Party Platform and your reliance on any information provided to you through the and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, and any other intangible loss.
• 3. No Responsibility for User Content: Quitmed is not responsible or liable in any manner for any site content (including the Material, Content, , Uploaded Materials, and third-party content) posted on the Website or in connection with the Services, whether posted or caused by Users of the Website, by third parties or by any of the Services offered by Quitmed.
• 4. Verification of Doctors: You are solely responsible for ensuring that the Doctors issuing your script are licensed under all applicable laws and regulations to provide the services that you are seeking and receiving through them. You acknowledge that Quitmed strongly recommends you review the profile of the Doctors on the Website (if available) for the profession and field in which the Doctors practice.
• 5. No Medical Advice: None of the information or materials that may be made available through the Website and Services (collectively, “Material“) is to be regarded as medical advice, treatment, diagnosis, or an endorsement, representation, or warranty that any particular medication or treatment is safe, appropriate, or effective. The Material is for informational purposes only, and It is your responsibility to review and discuss the Material with your Doctors prior to relying upon it, and it is your sole responsibility to make an assessment and determination as to the validity or accuracy of the Material. Reliance on the Material is at your own absolute risk. Quitmed will not under any circumstances be held liable for any determinations or advice received by you from a third party Doctors. For the avoidance of doubt, Quitmed only facilitates communication between the User and the Pharmacy services and does not provide any medical advice or give any advice regarding medical conditions, injuries, or symptoms.
• 6. No Liability for Medical Advice: Quitmed will not under any circumstances be held liable for any loss or damages suffered by you as a result of medical advice received by you through your Doctor in connection with the Services Quitmed. You acknowledge that Quitmed is not a party to the relationship between you and your Doctor.
• Force Majeure
• 1. Force Majeure: "Force Majeure" means a circumstance beyond the reasonable control of a party and which results in that party being unable to observe or perform an obligation on time under these Terms (other than an obligation to make a payment). Such circumstances include but are not limited to:
• a) Acts of God, lightning strikes, earthquakes, floods, droughts, storms, tempests, mudslides, washaways, explosions, fires, and any natural disaster; b) Acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage, and revolution; c) Disease and a pandemic; and d) Failure of internet and telecommunication services.
• Quitmed will be excused from and not liable for any delay or failure in performance hereunder, other than the payment of money, caused by reason of a Force Majeure event.
• Indemnity
• 1. Indemnification: You agree to indemnify and keep indemnified Quitmed, its affiliates, employees, contractors, agents, contributors, 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, suffered, or arising out of or in connection with your use of the Website and/or Services, including but not limited to:
• a) Any misuse of the Website, Services or by you, including and without limitation, any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you; b) Your breach of the Terms, including any misuse of the Materials; or c) Any activity which you engage in on the Website or Services or through Quitmed.
• 2. Survival: This indemnity will survive termination of the Terms.
• Termination of Services
• 1. Continuation and Termination: The Terms will continue to apply until terminated by either you or by Quitmed as set out below.
• 2. Your Termination: If you want to terminate the Terms, you may do so by:
• a) Providing Quitmed with written notice at any time of your intention to terminate to Quitmed at hello@quitmed.com.au; and b) Closing your Account for all of the Services that you use where Quitmed has made this option available to you.
• 3. Effective Termination: Your elected termination will be effective upon receipt of the notice of your intention to terminate by Quitmed.
• 4. Quitmed’s Termination: Quitmed may, at any time, terminate the Terms with you if:
• a) You have breached any provision of the Terms or intend to breach any provision; b) Quitmed is required to do so by law; c) The partner (including the Pharmacist), if any, with whom Quitmed offered the Services to you has terminated its relationship with Quitmed or ceased to offer the Services, Products or to you; d) Quitmed is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services; e) The provision of the Services to you by Quitmed is, in the opinion of Quitmed, no longer commercially viable; f) Quitmed gives you written notice that the agreement is terminated for convenience, such termination to be effective immediately upon notice thereof, notice can be given by digital means (including email); g) If you have used the Services: i) In breach of any law; ii) In a way that is misleading or deceptive; iii) In a way that is unreasonable as determined by Quitmed at its absolute discretion; or iv) In a manner that can or does bring Quitmed into disrepute or could damage Quitmed's reputation as determined by Quitmed in its absolute discretion.
• 5. Suspension or Denial of Access: Subject to local applicable laws, Quitmed reserves the right to discontinue or cancel your access to the Services at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct damages Quitmed’s name or reputation or violates the rights of those of another party.
• 6. Effect of Termination: When the Terms and/or upon termination of your Account, all of the legal rights, obligations, and liabilities that you and Quitmed have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations, and liabilities indefinitely.
• Dispute Resolution
• 1. Dispute Resolution: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought):
• a) A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute. b) On receipt of that notice (Notice) by that other party, the parties to the Terms (the Dispute Parties) must, within seven (7) days of the Notice, endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree. c) If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Dispute Parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee. d) The Dispute Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and, without limiting the foregoing, undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. e) It is agreed that the mediation will be held in Brisbane. f) For the avoidance of doubt, the Dispute Parties need not attend the mediation or other means of resolution in person. The Dispute Parties may attempt to resolve the matter via any means of electronic communication. g) All communications concerning negotiations made by the Dispute Parties arising out of and in connection with this dispute resolution clause are confidential and, to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence. h) If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Dispute Party may ask the mediator to terminate the mediation, and the mediator must do so. i) In the event that the Dispute is not resolved at the conclusion of the mediation, either Dispute Party may institute legal proceedings concerning the subject matter of the Dispute thereafter.
• Venue and Jurisdiction
• 1. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
• Governing Law and Jurisdiction
• 1. The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding, or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under, and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
• Notice
• 1. Quitmed may provide any notice to you under the Terms by sending a message to your email address. The notice provided by Quitmed to you by email shall be deemed to have been properly given on the date Quitmed sends the email, regardless of whether you have received the email.
• 2. Unless specified otherwise, any notices provided by you to Quitmed must be in writing and sent to hello@quitmed.com.au.
• Independent Legal Advice
• The parties confirm and declare that the provisions of the Terms are fair and reasonable, and both parties have taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
• Entire Agreement
• These Terms and any terms referenced or linked herein constitute the entire agreement between the parties concerning the subject matter of the agreement and supersede all previous communications, representations, inducements, undertakings, agreements, or arrangements between the parties.
• Severance
• If any part of the Terms is found to be void or unenforceable, that part shall be severed, and the rest of the Terms shall remain in force.
• Waiver
• 1. A waiver of any right, power, or remedy under this Agreement must be in writing and signed by the party granting it.
• 2. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
• 3. The fact that a party fails to do, or delays in doing, something the party is entitled to do under this Agreement does not amount to a waiver.
• Assignment
• 1. Quitmed may assign or transfer its rights or obligations under the Terms without your consent.
• 2. You may not assign or transfer your rights or obligations under the Terms without the prior written consent of Quitmed. A purported assignment without written consent will be deemed to be void and convey no rights.
• Contact
• If you wish to notify us about anything relating to these Terms, please contact us at hello@quitmed.com.au.