Terms of Use

About Quitmed

  1. Welcome to www.quitmed.com.au (the "Website"), owned and operated by Quick RX Pty Ltd (ACN 652 404 263) ("Quitmed," "we," "us," or "our"). The Website provides an online platform facilitating access to healthcare services related to quitting smoking, including:
    a) Online pharmacy dispensing services
    b) Online payment gateway
    c) Product browsing and purchasing from a Pharmacist
    d) Health communication services between Users and Pharmacists ("Services").

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

Acceptance of Terms

  1. By using, browsing, signing up for, or making a payment through the Website, you signify that you have read, understood, and agreed to be bound by these Terms. If you do not agree, discontinue use of the Website and Services immediately.

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

  3. You accept these Terms by:
    a) Registering for the Services
    b) Making payments to Quitmed
    c) Browsing the Website or creating an account
    d) Clicking ‘I Accept’ or ‘I Agree’ to the Terms where available.

  4. You may not use the Services or accept these Terms if you:
    a) Are not of legal age to form a binding contract with Quitmed
    b) Are prohibited from receiving the Services under Australian or international laws.

  5. By engaging Quitmed, you acknowledge Quitmed does not provide professional advice, including legal, accounting, financial, or tax advice.

  6. By accepting the Terms, you agree to our Privacy Policy found at Quitmed Privacy Policy. Discontinue use if you disagree with the Terms or Privacy Policy.

  7. Quitmed reserves the right to change the Terms by updating this page. You are responsible for reviewing updates and continuing to use the Website indicates acceptance of any changes.

  8. Keep a copy of these Terms for your records.

Definitions

  1. "User," "you," or "your" refers to anyone registered for the Services.

  2. "Pharmacist" means an Australian licensed pharmacist.

  3. "eScript/Script/Prescription" refers to a valid prescription provided by a doctor.

  4. "Order" refers to a confirmed purchase by the User from the Pharmacist.

  5. "Products" refer to items available for purchase via the Services with a valid prescription.

  6. "Listing" refers to the Product offerings provided by the Pharmacist.

Services

  1. By using Quitmed’s Services, you acknowledge and agree that:
    a) Prices are listed in Australian Dollars (AUD), inclusive of GST
    b) Quitmed may receive commissions from third parties for providing the Services
    c) Quitmed does not guarantee the success of the Services or Products
    d) You are responsible for assessing the risks of using the Services
    e) The Terms do not create a fiduciary relationship between you and Quitmed.

E-Script and Products

  1. Upon upload, Quitmed will review your script and provide access to Products.

  2. Confirmation of script review will be sent to your account, email, or SMS, and your eScript can then be used to purchase Products through the Services.

  3. Quitmed operates as a pharmacy, and the Pharmacist can fulfil your prescription requirements.

Payment

  1. When purchasing a Product, you agree to pay the relevant fees, including any delivery or service fees (collectively, "Purchase Price").

  2. Payments may be processed through third-party gateways like Australia Post or Stripe. You agree to abide by their terms and policies before using them.

  3. Once payment is confirmed, you will receive an order confirmation and receipt.

  4. By placing an Order, you acknowledge:
    a) You are offering to purchase a Product from the Pharmacist, not Quitmed
    b) Quitmed is not responsible for the Products or delivery
    c) Quitmed reserves the right to revoke access if you engage in abusive or inappropriate behavior
    d) You are responsible for verifying any allergy information before placing an Order
    e) You must communicate with the Pharmacist and staff respectfully.

  5. The Pharmacist may accept or reject your Order for reasons like stock levels or availability.

Non-Payment

  1. If payment is declined for any reason, you are liable for any associated fees or charges.

Cancellations and Refunds

  1. Quitmed charges for Services and Products.

  2. Orders cannot be returned or refunded once processed and dispatched due to regulatory and storage concerns.

  3. Orders not yet dispatched can be canceled by contacting Quitmed. Refunds will be processed within 7-14 business days, subject to Quitmed’s discretion.

  4. Any granted refunds will not include fees or commissions.

Delivery

  1. Delivery is organised between you and the Pharmacist, typically via Australia Express Post.

  2. The Pharmacist will dispatch your Order after payment, usually the next working day. Delivery times are not guaranteed.

  3. You must ensure delivery details are accurate. The Pharmacist is not responsible for costs incurred due to incorrect information.

  4. The Pharmacist may use third-party delivery providers. You agree to abide by their terms and policies.

  5. Your contact details may be shared with third-party providers to ensure delivery.

  6. GPS tracking for delivery may be provided and is solely for tracking purposes. You are bound by Google Maps, Google Earth, or OpenStreetMap terms if used.

Copyright and Intellectual Property

  1. All Website content, including text, graphics, and software, is protected by copyright laws.

  2. Quitmed retains all rights to its Website and Services. No intellectual property rights are transferred to you.

  3. You grant Quitmed a perpetual, royalty-free license to any content you upload. Quitmed owns any derivative materials produced from your content.

  4. You consent to Quitmed owning all moral rights to derivative materials.

  5. You may use Website content for personal, non-commercial purposes only, provided you comply with these Terms.

  6. You grant Quitmed a license to use your trademarks for promotional purposes.

  7. You may not broadcast, republish, or distribute Website content without Quitmed’s permission.

Privacy Policy

  1. Your use of the Website and Services is subject to our Privacy Policy. By using our Website, you agree to be bound by the Privacy Policy.

General Disclaimer

  1. Statutory Rights: The terms do not limit any statutory rights, such as those under the Australian Consumer Law.

  2. Exclusion of Implied Terms: Quitmed excludes guarantees or warranties not expressly stated, except where required by law.

  3. No Warranties/Guarantees: Quitmed does not guarantee product or service success or quality, and reliance on provided information is at users' own risk.

  4. Third-Party Conduct: Quitmed is not responsible for third-party content or actions on the website.

  5. User Risk: Services and products are provided "as is", with no warranties, and users assume the risks related to their use.

Limitation of Liability

  1. Maximum Liability: Quitmed’s liability is limited to the last purchase price paid or the re-supply of the service.

  2. Exclusion of Damages: Quitmed disclaims responsibility for indirect or consequential damages, including loss of profits or goodwill.

  3. No Responsibility for User Content: Quitmed is not liable for user-posted content on its platform.

  4. Doctor Verification: Users are responsible for verifying the credentials of doctors.

  5. No Medical Advice: Information provided is for general use, not medical advice, and Quitmed disclaims liability for any medical decisions users make.

Force Majeure

Quitmed is not liable for failure to perform due to circumstances beyond its control, including natural disasters, acts of war, or internet failures.

Indemnity

Users agree to indemnify Quitmed against claims arising from misuse of the website or breach of terms.

Termination of Services

Both users and Quitmed can terminate the agreement. Quitmed reserves the right to terminate the agreement for breaches, legal reasons, or if it becomes commercially unviable.

Dispute Resolution

Before initiating legal proceedings, disputes should be resolved via negotiation and mediation, with the venue being Brisbane, Australia.

 

Governing Law and Jurisdiction

The terms are governed by the laws of Queensland, Australia.

 

Other Legal Provisions

  1. Notices: Quitmed may provide notices via email.

  2. Entire Agreement: These terms represent the entire agreement between users and Quitmed.

  3. Severance and Waiver: Invalid clauses will be severed, and the remainder of the terms will remain in effect.

  4. Assignment: Quitmed may assign its rights without user consent, while users must seek written permission for assignments.

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