Terms and Conditions
Website Terms & Conditions
These Terms and Conditions constitute a legally binding contract between the customer (referred to in these Terms and Conditions as "you") and Health Director a trading name of Epic Digital Pty Ltd ABN 86 600 157 917 (referred to in these Terms and Conditions as “us”, “we” or “our”) and apply to your use of this website ("Website").
Please carefully read the following Terms and Conditions before joining the Website. The Terms and Conditions contain important information about your use of this Website.
You agree to be bound by the Terms and Conditions by accessing the Website, regardless of whether you create an account. If you breach any of the Terms and Conditions, you are prohibited to continue using the Website. If you do not agree with any part of these Terms and Conditions you must leave this Website immediately. You must ensure that your access to the Website is not illegal or prohibited by laws which apply to you.
These Terms and Conditions may be updated at any stage by us and revisions will be made to this Website, and it is up to you to check for updates regularly. Any use of the Website on or after the date of any changes and revisions constitutes acceptance of those changes. If you do not agree to any changes, you must immediately cease using the Website.
Payments
We are not responsible for the collection of payments for pharmacy accounts. You are responsible for setting up an account with your Nominated Pharmacy and you agree to be bound by the terms and conditions provided by the Nominated Pharmacy for the set up of an account.
We provide you with a link and pass through to the Nominated Pharmacy’s payment portal. Monthly accounts can be paid online using the Nominated Pharmacy’s payment portal which accepts all major credit cards. The Nominated Pharmacy may also offer a direct debit payment option which you need to arrange directly with the Nominated Pharmacy.
You acknowledge that the Nominated Pharmacy may engage a third party ("Card Authoriser") to process the credit card transactions required for the settlement of the pharmacy account. You agree that we are not liable for the actions, omissions or defaults of the Card Authoriser. We are not responsible for any damages or losses (whether direct or indirect) suffered by you if your credit card is fraudulently used or is used in an unauthorised manner as a result of using this Website.
Website Content
We endeavour to ensure all information presented on the Website is accurate. We make no guarantee and do not warrant the accuracy, adequacy or completeness of the information, or that the information is free from errors or faults. We do not undertake to keep the Website updated. We do not accept responsibility for loss suffered as a result of reliance by you on the accuracy or currency of information contained on this Website.
You acknowledge that we receive your Medication Profile and medical information from the Nominated Contributors. We take all due care to ensure the accuracy and security of the content provided by the Nominated Pharmacy. Unfortunately, no data transmission over the internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information which you or any third party transmits to us. Accordingly, any information that you or a third party transmits to the Website is transmitted at your own risk. If you become aware of any problems with the security of the data of the Website, please contact us immediately.
You acknowledge that we provide the Website services in good faith to you and that our Website cannot and will not contain all information about all medical conditions. We rely on collecting information from you and your Nominated Contributors including but not limited to your Nominated Pharmacy. Our Website may not contain all information that is applicable to your personal circumstances. The content provided within our Website is to aid in the management of your health and is not intended for diagnosis or advice and should not be used as a substitute for consultation with your Medical Physician.
We make no warranty or representation about the suitability of any product, service or affiliate being advertised on our Website, and we recommend that you consult with your Nominated Pharmacy or Medical Physician. The information on this Website is not, and is not intended to be, advice. You should not act or refrain to act on the basis of any of the material or information on this Website without first satisfying yourself as to the truth or accuracy of all information given.
We reserve the right to change information published on the Website at any time. The Website may contain links to other websites. The links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
Communication from us
As a condition of creating an account with us, you consent to us using your information to send you information, including Account Related Emails, Marketing Emails, information on product and services and to provide you with information about other offers, by sending you electronic messages including via email.
You acknowledge that your consent continues indefinitely until such time as you expressly withdraw it. If you do not wish us to contact you for marketing purposes, please opt-out by contacting us at any time via our online feedback form, or through the methods described in any e-mails we may send you, including by clicking the unsubscribe button.
Your responsibilities
You represent and warrant that you have sufficient legal capacity to use the Website and be legally bound by these Terms and Conditions including without limitation, being at least 18 years old, or having your parent or legal guardian who consents to your use of the Website and accepts these Terms and Conditions on your behalf and either own or have all rights to use the hardware and software you use to access the Service.
You must provide true, accurate, current and complete information about yourself within the registration process and ensure the information is kept up to date at all times. You must provide and update any changes to your Medication Profile in a timely manner. If the information you provide is deemed untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect the information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account registration for the Website.
All intellectual property rights in this website, including design, text, graphics, logos, icons, sound recordings and all software relating to this website belong to or are licensed by us. You may not in any form or by any means copy, adapt, reproduce (other than for the purpose of viewing the Website in your browser), store, modify, distribute, print, upload, display, perform, remove any credit publish post frame within another website or create derivative works from any part of this Website or commercialise any information obtained from any party of this Website without our prior written permission, or in the case of third party material, from the owner of the intellectual property rights in that material.
You may view, download for caching purposes only and print pages from the Website for your own personal use, subject to the restrictions set out in these Terms and Conditions. You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must take your own precautions to ensure that the process that you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked website.
You are responsible for maintaining the confidentiality of your password and registration and are fully responsible for all activities that occur under your password and registration. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security.
You warrant that you will manage the access of your account and permissions to third parties including but not limited to family members and carers. You must notify us if you require any termination of third party access to your account.
You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not attempt to "hack" the Website or any other websites that you do not own. This includes without limitation, trying to guess users passwords, "phishing", accessing "hidden" URLs, attempting to trigger remote code for the purpose of accessing data or material you would not otherwise have access to.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website. You must not use this Website to transmit or send unsolicited commercial communications. You must not use this Website for any purposes related to marketing without our express written consent.
Limitation of liability
We, our partners, directors, officers, shareholders, employees, agents, contractors, and other third parties associated with running the Website, to the maximum extent permitted by law, exclude all liability and responsibility for any loss or damage that might be suffered by you or any third party caused by the Website or the goods sold on it including, without limitation, loss or damage suffered as a result of our negligence.
If the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in respect of goods or services supplied, and our liability for breach of that guarantee may not be excluded but may be limited, our liability for such breach is limited to, in the case of a supply of goods, replacing the goods or supply equivalent goods or repairing the goods, or in the case of supply of services, supplying the services again or paying the cost of having the services supplied again.
Indemnity
You agree to indemnify us for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this Website, any information that you provide to us via this Website or any damage that you may cause to this Website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Competition and Consumer Act 2010 (Cth).
No waiver
No failure or delay by us or you in exercising any right under these Terms and Conditions shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions.
Severability
If any clause in these Terms and Conditions shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions shall be capable of continuing in effect without the unenforceable term.
No person who is not a party to these Terms and Conditions shall acquire any rights under it or be entitled to benefit from any of its Terms and Conditions even if that person has relied on any such Term and Condition or has indicated to any party to these Terms and Conditions its assent to any such Term and Condition.
Nothing in these Terms and Conditions shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of us.
Force Majeure
We are not be liable for any failure to perform or delay in performing any obligation under these Terms and Conditions which is due to an event beyond our reasonable control including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.
Privacy
Our data handling practices are set out in our Privacy Policy, which can be found here.
Access
Access to this website may be withdrawn at any time without notice. These Terms and Conditions will survive any such withdrawal.
Governing Law
These Terms and Conditions will be governed by the laws of Queensland, Australia. Any dispute arising out of your use of the Website, or the products purchased on it shall be subject to the exclusive jurisdiction of the courts of that jurisdiction. Both we and you hereby submit to the non-exclusive jurisdiction of the courts of Queensland. All dealings, correspondence and contacts between us shall be made or conducted in the English language. Please contact Health Director at [email protected]
Definitions
"Account" means the account held with the Nominated Pharmacy.
"Account Related Emails" includes but is not limited to details of account activity, profile changes, purchases you have made.
“Epic Digital” means Epic Digital Pty Ltd ABN 86 600 157 917.
“Goods” means the items selected within the shop and sent as an order to the Nominated Pharmacy.
“Health Director” means a trading business of Epic Digital.
"Marketing Emails" includes but is not limited to product information, new offers and information about us.
“Medication Profile” means the list of medication that you have provided the Nominated Pharmacy via your Medical Physician.
“Medical Physician” means the nominated doctor or medical professional you engage with for medical advice.
“Nominated Contributors” means any third party that you have granted permission to provide, add, edit, delete, change or view content in relation to your Subscribed Service with Health Director (and include any Nominated Pharmacy).
“Nominated Pharmacy” means the pharmacy that you have an account with and have granted permission to supply, hold, edit and manage your medication and Medication Profile on your behalf.
“Order” means the items collected within the shopping cart for purchase.
“Subscribed Service” means the service that you have subscribed to that is provided by Health Director.
“Taxes” means any taxes (including goods and services tax and other value added taxes), levies, imposts, charges and duties (including stamp and transaction duties, import and export duties) imposed by any authority together with an related interest, penalties, fines and expenses in connection with them in relation to a transaction contemplated under these Terms and Conditions.
“Website” means www.healthdirector.com.au.