Terms and Conditions
SUPERPHARMACY ONLINE TERMS & CONDITIONS
Last Updated: June 2021
1.1 The SUPERPHARMACY Shopping site at www.SUPERPHARMACY.com.au and www.SUPERPHARMACY.co.nz and www.SUPERPHARMACY.com and www.SUPERCHEMIST.com.au and www.SUPERCHEMIST.co.nz and www.SUPERCHEMIST.com (each, a “Site”) is a shopping website where you can browse, select and order products advertised on the Site. A complete and transacted order is for supply from a registered pharmacy, SUPERPHARMACY (“SUPERPHARMACY”, “us” or “we”).
1.2 Please read these terms and conditions before accessing or using the Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.
1.3 Your access to and use of the Site, including your order of Products through the Site, is subject to these terms and conditions.
2 Compliance with the Terms & Conditions
2.1 You agree to be bound by, and comply with, these terms and conditions:
(a) by visiting the Site or
(b) by completing your registration through the Site; and
(c) using the Site to obtain Products supplied by us.
3.2 You may not have more than one active account, and your account is non-transferable. You may update, edit, or terminate your account at any time through the Site. You may have more than one account per delivery address.
3.3 If you choose to use a workplace email address for your account or to access the Site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and parcel policies at your workplace.
4 Placing an Order for Products
4.1 You may order Products by selecting and submitting your Order through the Site in accordance with these terms and conditions.
4.2 Any Order placed through this Site for a Product is an offer by you to purchase the Product for the price notified (including the delivery and other charges and taxes) at the time you place the Order.
4.3 We may request additional information, details or require you to confirm your details to enable us to process any Order placed through the Site.
4.4 You agree to provide us with current, full and accurate details and information when required to do so by the Site or us.
4.5 We make every effort to provide accurate images of each product's colour, packaging, and design however individual packaging may vary slighty depending on stock.
5 Acceptance or rejection of an Order
5.1 We reserve the right to accept or reject your Order for any reason, including the following if the Product requested is no longer available for supply, if there is an error in the listed price or the product description as posted on the Site.
5.2 Each transacted Order that we accept for Products through the Site will result in a separate binding agreement between you and us to supply the Products listed in the Order. Each Order accepted by us, is for the supply of ordered Products in accordance with these terms and conditions.
5.3 If we reject an Order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the Order or within a reasonable time after you submit your Order.
6 Restricted Products
All Orders we accept for Prescription and Schedule Medicine Products are on the basis that We act as your appointed agent for facilitating the supply of such items, the supply of which will be made from our selected registered premises in accordance with Pharmacy Regulations , set out in the applicable State Poisons Schedules and Pharmacy Law Regulations.
(a) acknowledge that it is against the law to supply scheduled medicines to another person other than in the course of treatment, so authorised by applicable Federal and State legislation; and
(b) warrant that you are not obtaining scheduled medicines on behalf of another person other than as an authorised agent, family member or guardian for persons under the age of 18 years.
(c) Appoint SuperPharmacy and where applicable, SuperPharmacy contracted service providers to be your authorised agent to facilitate the supply of your Order form a registered pharmacy premises to your nominated delivery address.
7 Minimum and maximum amounts in each Order
7.1 Unless otherwise indicated on the Site:
(a) you may be restricted by a pharmacist or officer of SUPERPHARMACY to maximum supply quantities of a particular Product in each Order or across an Order frequency. We will inform you of these limits on the Site when you place the Order or within a reasonable time after you submit your Order); and
(b) there is no minimum purchase amount for each Order, Orders of less than $99 excluding any discounts and offers will incur an applicable Delivery Fee.
7.2 You are not permitted to purchase any items for resale to a third party or for trade purposes. If we have a concern with the quantity of item/s you have ordered, then we may contact you following receipt of the placed Order or within a reasonable time after you submit your Order to request further information and to determine appropriate maximum supply quantities when applicable for the safe and effective use of an ordered product.
7.3 If you wish to place an Order that differs from our standard online ordering requirements, then you should contact our Customer Service on 13004MEDICNE during Contact Hours. If we agree to supply an Order that differs from our usual requirements, then you agree that the time for delivery may be longer than our usual stated delivery times for standard orders. In this regard, we recommend that you allow at least 3 days between ordering and delivery, or such other time, that we notify you at the time we accept your Order.
7.4 If we reasonably believe you are placing multiple orders for regulated Products, whether under the same or different registration details, whether for circumventing of the order limits or any purpose whatsoever then, all such Orders may be cancelled by us without notice to you. Cancelled orders will be refunded in full.
8 Delivery of Products
8.1 We will only deliver Products ordered through the Site to a location where we provide delivery services. You may receive multiple deliveries for items dispatched for your Order. We or our delivery company in acting as your appointed agent may ,under certain circumstances, contact you to arrange a mutually appropriate delivery date.
8.2 You may obtain further information on the Site about our delivery timeframes and how we deliver your Products.
8.3 We will deliver the Products to the front door at the relevant Delivery Address. If you ask us to deliver inside a premise or building at the Delivery Address and we agree to do so, then you are responsible for all or any loss or damage suffered by us in connection with our delivery of the Products beyond the front door of the Delivery Address.
8.4 You agree to comply with certain delivery requirements specified below and such other requirements that we notify you of, when you place your Order through the Site.
8.5 If the delivery of your Order contains a Prescription Product, then you will be required to be present to accept the delivery of that Order and, at our request, provide us with photographic identification. Prescription Products cannot have an authority to leave direction.
8.6 We will require the person accepting the delivery of an Order to provide us with proof of their identity (including photographic identification) and, where relevant, age. If the Order has been paid by credit card, we may at our sole discretion prior to delivery request proof of identity and confirmation of the credit card used in the purchase for a verification check.
8.7 If there is no one or no appropriate person (for example, above 18 years old for Restricted Products) at the Delivery Address to take receipt of the Order or, if you are required to be present at the time of delivery and you are not present at that time, then:
(a) we will not deliver the Products you have ordered directly at that time; and
(b) we may request and charge a fee of up to $10 for a redelivery. In this instance, we will endeavour to contact you to arrange for the delivery at a different time.
8.8 Other than as required under clause 8.5 for your first Order, you:
(a) acknowledge and agree that any person at the Delivery Address who receives the Products is authorised by you to receive your Order and, where relevant, make payment for that Order; and
(b) will ensure that the person authorised by you for the purpose of receiving any Scheduled Pharmaceutical Products is over the age of 18 years or such other minimum age as prescribed by law.
8.9 We will not deliver:
(a) Scheduled Medicine Products to a person who is intoxicated or
(b) Not of the appropriate legal age; and
8.10 You acknowledge that we may record the details of identification provided for proof of delivery in relation to the receipt of delivered Products.
9 SUPERPHARMACY Online Delivery Fee Waiver
9.1 A Delivery Fee Waiver covers the delivery fees for orders over a minimum of $99.
The Minimum Delivery Fee Waiver qualifying spend is after all discounts and coupons have been applied. Standard delivery fees apply for orders under the minimum order value or for courier service delivery options.
9.2 A Delivery Fee Waiver will apply to all current valid RPBS or Medicare PBS Concession Card holders.
9.3 We may offer a Delivery Waiver for a limited time period or for certain order types, a Delivery Fee Waiver is solely for the purchase at that time or for such an order type offer.
9.4 A Delivery Fee Waiver is for the sole use of the account holder and cannot be transferred or used for orders for another customer other than a family member registered at the same delivery address.
10 FRIDGE ITEMS (2-8 Deg C storage)
The following applies to all items that require specific temperature control to maintain efficacy and retain the integrity of the product:
10.1 Items will not be shipped on days at the end of the week, this policy is to avoid increased transit times over the weekend. Where we can ship an item that we reasonably believe will arrive before the weekend, we will do so, this is dependent on the shipping location and transit times.
10.2 Fridge items may be sent separately from non-refrigerated product orders.
10.3 Where the orders contain several products, some of which do not require cold chain packing, these when shipped separately will qualify for standard shipping only.(e) Orders containing item/s that require temperature control packing will incur a Cold Chain Shipping Supplement “CCSS". Free Shipping order thresholds, other shipping offers or promotions do not apply to the CCSS. SuperPharmacy reserves the right to vary the CCSS value at any time as advertised and applied on the website.
11 Click & Collect PHARMACY Orders
11.1 Click & Collect is only available from selected locations as shown on the Site. During the ordering process, you need to select a location from which you will collect the order. An estimated collection date will be displayed at the time your order is placed.
11.2 You agree to comply with certain collection requirements specified in this clause and other such requirements that we notify you of when you place your Click & Collect SUPERPHARMACY Order through the Site:
(a) you must collect your order from the collection location as selected by you when you place your order;
(b) photographic identification and a signature must be provided when you collect your SUPERPHARMACY Order; and
(c) the card used for payment may also be required to be shown when you collect your SUPERPHARMACY Order.
11.3 If you will not be the person collecting your SUPERPHARMACY Order then your representative must provide us with proof of the Order, their identity (including photographic identification) and, where relevant, age, and where required the card used for payment.
11.4 If you do not supply the appropriate identification or where requested the relevant card of purchase:
(a) we will not allow collection of the items you have ordered; and
(b) we may charge you a delayed pick up, handling fee, of up to $10.
11.5 If you do not collect your SUPERPHARMACY Order within two days of the booked collection date then we may charge you a handling fee of up to $10. In this instance, we will endeavour to contact you or you may contact us to arrange for collection at a different time, and we may at our discretion charge you an additional fee for an additional replacement SUPERPHARMACY Order.
11.6 You agree to ensure that the person collecting a Restricted PHARMACY Product is over the age of 18 years or such other minimum age as prescribed by law.
We will not allow collection of an order of:
(a) SUPERPHARMACY Product(s) to a person who is intoxicated or not of the appropriate legal age; and
(b) SUPERPHARMACY Product(s) to a person that is not of the appropriate legal age.
11.7 You acknowledge that we may record the details of any identification provided in relation to collection of SUPERPHARMACY Products.
12 Bulk Orders
12.1 If we classify a SUPERPHARMACY Order as a “Bulk Order”, your Order may attract a handling charge depending on the size of your SUPERPHARMACY Order. Examples of orders that we classify as “Bulk Orders” are as follows:
(a) Order of Products greater than normal retail quantities;
(b) Order of Products which exceed 10kg; or
(c) Ordered Products that are to be delivered by our contract courier service that exceed 5Kg
(d) Multiple orders placed during any 7-day period that in combined volume meets or exceeds the bulk order criteria.
12.2 If your Order is a Bulk Order, we will contact you as soon as possible after receiving your Order to advise of any applicable additional charge payable in respect of your Order.
12.3 If you are unsure whether your Order is a Bulk Order and would like to find out the exact handling charge payable in respect of your Order before you place your Order, please contact our Customer Service Centre on 1300 4MEDICINE or email orders@SUPERPHARMACY.com.au.
12.4 We value your Order. To enable us to service you better, we request that you contact our Customer Service Centre on 1300 4MEDICINE, two (2) working days prior to the placement of any Bulk Orders to allow us to ensure that the appropriate stock is ordered and available for your requirements.
13 Fraud and risk assessment
13.1 We have processes in place to assist in detecting transactions that may be illegal or in breach of these terms. We may contact you by telephone or email to confirm your payment and information details. If we are unable to confirm these details, we may cancel your Order. If you are unsure whether the person contacting you is from SUPERPHARMACY, please contact our Customer Service Centre on 1300 4MEDICINE or email orders@SUPERPHARMACY.com.au.
14 Risk and title
14.1 Risk in the Product passes to you on the date and time of delivery to the Delivery Address (or for Click & Collect SUPERPHARMACY Orders, at the time of collection from a selected SUPERPHARMACY collection location. Title to the Products passes to you on the later of the date and time of:
(a) payment for those Products; or
(b) delivery of those Products to the Delivery Address; or
(c) for Click & Collect Orders only, collection of those Products from an authorised SUPERPHARMACY location.
15 Cancelling an Order
15.1 We may cancel any SUPERPHARMACY Order or part of a SUPERPHARMACY Order (including any Orders that we have accepted) without any liability to you for that cancellation at any time if:
(a) the requested Products in that SUPERPHARMACY Order are not available; or
(b) there is an error in the advertised price or the product description, as posted on the Site in relation to the relevant Product; or
(c) the SUPERPHARMACY Order has been placed in breach of these terms and conditions.
15.2 If we cancel an Order in accordance with:
(a) clause 15.1(a) or 15.1(b) (where product is unavailable or there is a pricing or product description error): we will provide you with reasonable notice of that cancellation, and will not charge you for the cancelled Order. If any payment has been taken for the cancelled SUPERPHARMACY Order, then the full payment amount, including any Delivery Fee and other fees and charges, will be refunded to your original payment method or through an alternative means.
(b) clause 15.1(c) then we may not provide you with reasonable notice of that cancellation, and if any payment has been processed for that Order, a refund will be processed for the full Order amount less any applicable Cancellation Fee as set out in clause 15.3.
15.3 We may at our discretion charge a Cancellation Fee equal to the value of $10.
16 Fees and charges
16.1 We will charge you, and you agree to pay, the following fees and charges in relation to an Order that we accept (as applicable):
(a) the purchase price of each Product that is ordered;
(b) the delivery fee provided to you at the time you selected the relevant delivery window when placing your Order (“Delivery Fee”); and
(c) the cancellation fee for an Order that is cancelled as set out in clause 15.3; and
(d) any other fees and charges set out in these terms and conditions.
16.2 All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable.
16.3 You acknowledge that:
16.4 If a Product that you have ordered is not available and we have not provided you with a substitute then we will process a refund within 3-5 business days to your card of purchase to the value of the Products that were not supplied by us.
17 Payment methods
17.1 You must pay the fees and charges online using the online payment methods in clause 16.1.
17.2 We accept the following payment methods:
(i) Visa and Visa Debit;
(ii) MasterCard and MasterCard Debit;
(v) Apple Pay
(vi) Google Pay
(vii) Latitude Pay
17.3 If we are unable to successfully process the payment for your Order, then we may notify you to facilitate payment for an Order that is accepted or alternatively cancel your Order.
17.4 The payment methods available and accepted on the Site may change at any time.
17.5 You authorise SUPERPHARMACY to debit the amount that is payable for an Order from your nominated payment method to pay for the fees and charges.
17.6 You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
17.7 For SUPERPHARMACY Orders only, we will provide you with a receipt at time of delivery or collection (where applicable) which specifies the total fees and charges for the Products in the Order and the where applicable the dollar value refunded to your card of purchase.
18 Substitution or missing items in delivery
18.1 You acknowledge that a Product that you order may be out of stock or temporarily unavailable. If this happens, then we will not be able to provide you with that Product.
18.2 For SUPERPHARMACY Orders containing products that are temporarily unavailable, we will contact you to offer a substitute option for some or all of your Products in the Order. Where you agree to a substitute then:
We will endeavour to select substitute Products that are of similar value and quality, we reserve the right not to provide you with a substitute Product even if a suitable substitute Product may be available.
18.3 For SUPERPHARMACY Orders, where we provide you with an option to obtain a substitute Product, for Prescription Products these will only be provided when allowed to do so according to PBS legislation and in accordance with the direction of the prescriber.
18.4 For SUPERPHARMACY Orders, we will endeavour to provide you with a substitute Product where the price for that substitute Product is of equal or greater value than the Product you selected. If so, then we will charge you the price of the Product you ordered rather than the price of the substitute Product.
18.5 If there are items missing from your delivery or collection, then you should check the receipt that we provided to you to determine if the missing Product is marked as out of stock. If so, then we will provide you with a refund to your card of purchase for the Products that were not supplied.
18.6 In all other circumstances, you may contact Customer Service on 1300 4MEDICINE during Contact Hours within 24 hours after the delivery or collection time and we will take steps to verify and confirm any such missing items. Once we are reasonably satisfied that the item was not delivered to you, provide you with a credit to your relevant card account within 3-5 business days for the Products that were charged but not delivered to you.
19 Returns Policy
The SUPERPHARMACY Returns Policy applies to all purchases of Products using the Site and forms part of the terms and conditions. If you wish to return a Product in accordance with our Returns Policy, then you must:
(a) Check your Goods as soon as they are delivered to you to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. The return of a Product must be authorised by the appointed SuperPharmacy Customer Service Representative prior to taking any action to return the Product.
Damaged or Defective Goods
We will replace or refund (at our discretion) any items delivered to you that are damaged or defective at no charge.
Should you be eligible for a Product refund, it will be arranged as follows:
- Upon contacting the Customer Service Team, a Representative will work with you to resolve the issue, detailing the steps involved in the refund and any further information applicable.
- Refunds will be handled by our Customer Service Team on an individual basis.
Should you be eligible for a Product replacement, it will be arranged as follows:
- Upon contacting the Customer Service Team, a representative will work with you to facilitate the easiest means of getting a replacement product delivered.
- The Representative will notify any further action required and supply the necessary information.
- Product replacement timeframes will be detailed to you during these steps.
Incorrect Items Ordered
We will issue a full refund for items you ordered incorrectly if you notify us within 7 days of placing the order on the Site, this Product return refund is conditional on all item(s) being returned to SUPERPHARMACY unopened and in the original packaging. Postage costs will not be refunded. Please send the Product by registered mail as no item will be refunded until received by us. If we have sent you the incorrect product from what you ordered, please contact our Customer Service on 1300 4MEDICINE.
When you return a Product please ensure it is packed to avoid damage in transit. We highly recommend you photograph the Product inside the packing prior to sending.
Due to NSW Health Regulations, prescription items cannot be returned for refund.
The SUPERPHARMACY Returns Policy applies in addition to any other rights to which you may be entitled under the consumer guarantees provisions of the Australian Consumer Law.
20 Your general SUPERPHARMACY Site obligations
(a) ensure that your Login ID and password, that is used to access the Site and the details of your account, are kept safe and secure;
(b) immediately notify us through Customer Service on 1300 4MEDICINE during Contact Hours if you are or become aware that there is or has been an unauthorised use of your Login ID and password or account, or any other security breach relating to your account;
(c) promptly advise us of any changes to your information provided to us as part of the customer registration process;
(d) must provide us with your date of birth to place an Order for a Restricted Product in accordance with site registration requirements;
(e) remain responsible for any costs associated with your access to or use of the Site, including Internet access fees;
(f) remain responsible and liable for any person that uses your Login ID and password to order Product(s) through the Site;
(g) agree that we may charge you for all Products that we agree to supply to you that have been ordered using your Login ID and password through the Site; and
(h) ensure the Products Ordered are suitable for you before use.
21 General User restrictions
You must not:
(a) use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
(b) use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person, or which prevents any other person from using or enjoying the Site;
(c) make fraudulent or speculative enquiries, purchases or requests through the Site;
(d) use another person’s details without their permission or impersonate another person when using the Site;
(e) post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
(f) tamper with or hinder the operation of the Site;
(g) knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
(h) use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
(i) modify, adapt, translate or reverse engineer any portion of the Site;
(j) remove any copyright, trademark or other proprietary rights notices contained in or on the Site;
(k) reformat or frame any portion of the web pages that are part of the Site;
(l) create accounts by automated means or under false or fraudulent intention;
(m) use the Site to violate the security of any computer or other network or engage in illegal conduct;
(n) take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
(o) use the Site other than in accordance with these terms and conditions; or
(p) attempt any of the above acts or engage or permit another person to do any of the above acts.
22 Suspension of account
22.1 We reserve the right to refuse service, terminate accounts and/or remove or edit content if we, acting reasonably, deem that you have acted in breach of these terms and conditions or have used the Site in a fraudulent or improper manner. SUPERPHARMACY also reserves the right to otherwise cancel Orders in accordance with clause 13.
22.2 If we lock, suspend or delete your account under clause 21.1, then we will refund all credits that you are entitled to receive under these terms and conditions by direct deposit to your nominated account once we have conducted all our verification and other relevant checks.
You warrant that:
(a) all information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
(b) the person receiving the Products at the Delivery Address or collecting the Products on your behalf is authorised by you to do so; and
(c) you have and will comply with all relevant laws relating to your use of the Site and your placement of any Order to us.
24.1 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law.
24.2 Without excluding, restricting or modifying the rights and remedies to which you may be entitled under the consumer guarantee provisions of the Australian Consumer Law or SUPERPHARMACY's liabilities under those provisions:
(a) you acknowledge that each Site is provided "as is" and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose;
(b) we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Site or the subject matter of this agreement; and
(c) we will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realize expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct.
24.3 Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
24.4 Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the total value of the goods relating to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
25.1 We may immediately suspend, terminate or limit your access to, and the use of, the Site and (where relevant) your account if you breach these terms and conditions and:
(a) the breach cannot be remedied; or
(b) you fail to the remedy the breach within 10 days of our notice to you of that breach; or
(c) if there is an emergency.
25.2 You may decide to stop using the Site at any time and for any reason.
25.3 We may stop making the Site (or any part of it) available without prior notice. If so, any Orders that we have accepted will not be affected by this action, unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and we will refund to you all valid payments received by us for those Products.
27 Intellectual property rights
(a) acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the “Materials”) are owned by or licensed to us;
(b) must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
(c) must not frame or embed in another website any of the material appearing on this Site without our prior written consent.
27.2 You may:
(a) store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and Materials; and
(b) print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.
27.3 This Site contains registered trademarks and other trademarks which are protected by law. You must not use any of the marks or trademarks appearing on the Site or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Site that are owned by other third parties (including our suppliers) without obtaining the relevant third-party owner’s consent.
28 Changes to the terms and conditions
28.1 We may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. For future orders, these terms may therefore be different. We recommend that you read these terms carefully each time you agree to them during the ordering process.
28.2 If you have an Order that has been accepted by us, the terms and conditions that will apply to the Order are the terms and conditions that applied at the time your Order was placed.
29 General conditions
29.1 The Site may contain links to external websites that are not operated by us or our related bodies corporate.
These links are provided for your convenience only and you agree that:
(a) we make no representations or warranties, or have any responsibility or liability for those websites; and
(b) these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites.
You agree that you access and use the products and services made available at those sites solely at your own risk.
29.2 If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
29.3 This agreement is governed by the laws of Queensland, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and this clause does not apply to any claim you may have under the Australian Consumer Law.
29.4 SUPERPHARMACY endeavours to be as accurate as is possible and uses best endeavours to ensure, but does not itself warrant, that any information provided by its suppliers, including in relation to product descriptions or other content of this site, is accurate, complete, reliable, current or error-free.
By Registering as a Member or by or claiming any Member Benefit, you agree to be bound by, and your participation in The SuperPharmacy Rewards Program will be governed by, these Terms and Conditions.
30 SuperPharmacy Rewards Program Membership
(a) To become a Member, you must be an individual, have a current Australian residential address and complete the online joining process on our Website at www.superpharmacy.com.au
(b) If you do not wish to Register to become a Member you will not be able to take advantage of any accrued Member Benefits.
(c) There is no joining fee or any ongoing annual fee to become or remain a Member.
(d) We may refuse or cancel an application for Membership for any reason.
(e) There is a limit of one membership per person.
(f) Membership is non-transferable.
(g) It is your responsibility to keep your personal details updated by logging onto your online Account or calling the Customer Service Centre. If you do not keep your personal details up to date, we may not be able to offer, or provide you, with Member Benefits.
30.1 Joining the program
You can join the program at the Checkout by pressing the Join the program Now button
30.2 Earning Member Benefits
You can earn www.superpharmacy.com.au Points as follows:
(a) You will earn a minimum of 1 (one) Point for every whole dollar you spend at www.superpharmacy.com.au and excludes money spent on excluded Purchases;
(b) Promotional Bonus points - you will earn the advertised number of Bonus Points when you buy a Participating Product in a Promotional Bonus Points offer;
(c) From time to time we may provide exclusive personalised offers to earn Points based on your individual profile. These offers will only be available to you online.
(d) Membership Status Tiers - from time to time you may qualify for a higher status tier allowing you to earn points on your purchases at multiples greater than 1 point for every whole dollar spent. The multiplier offers are determined by SuperPharmacy at their sole discretion and are assigned based upon on your deemed membership status. Multiplier points are ONLY calculated upon the dollar spend and do not apply to the Promotional Bonus Points offers as described in points b and c above.
(e) 200 (two hundred) www.superpharmacy.com.au Rewards Points is equal to $1 (one) Dollar.
(f) SuperPharmacy Reward dollars redeemed as a discount on a transaction do not earn points.
(g) There is no maximum points value for your online account
(h) www.superpharmacy.com.au may at their sole discretion and at any time change, add to, or make deletions to the list of qualifying or participating www.superpharmacy.com.au products that attract points
(i) www.superpharmacy.com.au may at their sole discretion and at any time change, add to, or make deletions to the multiplier offers for Membership Status Tiers.
(j) Customers who do not join the www.superpharmacy.com.au Rewards Program will continue to accrue points, these points will not be redeemable until such a time as the Customer joins the www.superpharmacy.com.au Reward program
30.4 Redeeming Member Benefits
(b) The points redemption value for www.superpharmacy.com.au online Rewards Dollars for money off your shop is calculated ongoing and is available for redemption at your next purchase
(c) www.superpharmacy.com.au Reward Points can be redeemed in multiples of $1 for ONLINE purchases only and cannot be redeemed for PBS subsidised medications
(d) 200 (two hundred) www.superpharmacy.com.au Rewards Points equals AUD $1 discount off Non PBS subsidised medications.
(e) You can choose to redeem the value of www.superpharmacy.com.au Rewards Points at your next Online Shop. www.superpharmacy.com.au Rewards Point balance (or such other portion as notified by www.superpharmacy.com.au from time to time) is available for redemption as money off your shop when so elected for redemption in the checkout cart.
(f) If you do not use the www.superpharmacy.com.au Rewards Points in your next or subsequent shops, the remaining www.superpharmacy.com.au Rewards Points balance is retained and continues to accrue for future use.
30.5 Program Affiliate Partnerships
(a) Only customers with an activated www.superpharmacy.com.au Rewards Program membership can have their profile Linked to an Affiliate Program Partner
(b) An active www.superpharmacy.com.au Rewards Program can only be Linked to an active Affiliate Program Partner.
(d) To complete the Linked Affiliate Program and Affiliate Program Transfer the customer will be required to accept the Terms and Conditions of the Affiliate Program Partnership
(e) All linked Affiliate Program Partner Memberships will be authenticated to facilitate an Affiliate Program Transfer
(f) When the www.superpharmacy.com.au Rewards Program is Linked to an Affiliate Program Partner, the transfer of accrued Member Benefits will occur automatically, these include current accrued Member Benefit balances and all subsequent benefits accrued through eligible purchases on the www.superpharmacy.com.au site. Any such transfer will be in accordance with the Affiliate Program Partnership Terms and Conditions
(g) A customer may elect to opt out of an Affiliate Program Partnership at any time having previously elected to be Linked to the Affiliate Program Partner. To do this the www.superpharmacy.com.au Rewards Program Membership in their www.superpharmacy.com.au Rewards Program Profile will need to be Unlinked from the Affiliate Program Partner. A Member that opts out of an Affiliate Program Partnership on the www.superpharmacy.com.au Rewards Program will accrue www.superpharmacy.com.au Rewards benefits in accordance with standard Member Benefit accruals once Unlinked.
30.6 Other Member Benefits
You may qualify for other promotions, special benefits and exclusive benefit offers that arise from membership of the www.superpharmacy.com.au Rewards program.
Other Members Benefits include:
(a) Member-only discounts, newsletters and automatic entry into prize draw competitions which may be run from time to time; and
(b) Discounts, exclusive and personalised offers from www.superpharmacy.com.au and selected Program Affiliates.
(c) From time to time, Member Benefits may include The SuperPharmacy Rewards Program providing you with exclusive personalised offers based on your individual profile. These Member Benefits will only be available to you online.
(d) We may specify exclusions and conditions (including qualifying spend and offer duration) for Member Benefits and we may change these from time to time.
30.7 General terms and conditions
(a) Member Benefits are personal to you and are not transferable unless we notify you otherwise.
(b) Member Benefits may not be accrued or used for any Business Transaction or other commercial or not-for-profit association purposes.
(c) We do not exchange or refund Member Benefits for anything else, including for cash or gift cards.
(d) We may reverse (debit) or cause to be reversed, any Member Benefits which have been allocated (credited) to you where you have returned the goods or you have been refunded for the goods or services in respect of which those Member Benefits were earned, or if there are other grounds which we consider reasonably justify a reversal, including, without limitation, Member Benefits credited erroneously or fraudulently or earned through fraudulent means. www.superpharmacy.com.au reserves the right to determine whether the Member Benefits are valid and can be redeemed.
30.8 Tracking your Points balance
(a) To track your Points balance, you can check your Account on the Website, or by calling the Customer Service Centre.
(b) It may take up to 48 hours for any The SuperPharmacy Reward Points to be shown in your Online Account.
30.9 Opting out of The SuperPharmacy Rewards Program
You may opt out of the Rewards Program at any time by sending an email to email@example.com
30.10 Privacy & Communications
(a) Privacy - We collect, use and disclose your personal information in accordance with the SuperPharmacy website Terms and Conditions, which forms part of these Terms and Conditions. www.superpharmacy.com.au may amend the website Terms and conditions from time to time accordingly the changes will flow to these Terms and Conditions. By Registering as a Member or by utilising any Membership Facilities such as claiming any Member Benefit, you acknowledge that you understand and agree that we will collect, use, store your personal information in accordance with the terms and conditions of the website www.superpharmacy.com.au.
30.11 Changes to Terms and Conditions and Termination
(a) www.superpharmacy.com.au reserves the right to change, suspend or terminate these Terms and Conditions or The SuperPharmacy Rewards Program at any time.
(b) www.superpharmacy.com.au will give advance notice of any such circumstance on our Website or you can obtain such details by calling the Customer Service Centre, allowing you to cancel your Membership within the period of that advance notice.
(c) Where we change the Terms and Conditions, a copy of the revised Terms and Conditions will be available on the Website or can be obtained by calling the Customer Service Centre.
30.12 Complaints and Queries
If you have any queries or complaints regarding The SuperPharmacy Rewards Program, you should contact us. You can do this by contacting the Customer Service Centre on 1300 463 342 or via email to firstname.lastname@example.org
In these Terms and Conditions, reference to: "we", "our" and "us" are references to www.superpharmacy.com.au and references to "you" and "your" are references to the individual who Registered as a member of The Superpharmacy Rewards Program, or whose membership is deemed to have accrued through the use of any Membership Facilities such as a registered user of the online website who has sought to earn, access or accrue a Membership benefit.
In these Terms and Conditions, the following terms have the following meaning:
Account means your personal online SuperPharmacy account to which you log in through the Website or any other means which is authorised by us, including, without limitation, by logging into any smartphone applications or digital wallets.
Affiliate Program Partner means any affiliated reward or customer benefit program where a Member can elect to transfer their accrued points to the affiliated program partner
Affiliate Program Partnership means the agreement and associated Terms and Conditions that relates to Membership Benefits
Affiliate Program Partner Transfer means the transfer of an accrued Member Benefit, to an affiliated program through a linked membership with a Program Affiliate Partner
Business Days means a day other than a Saturday, Sunday or official public holiday in Queensland.
Business Transaction means the purchase of goods online.
Customer Service Centre means the Customer Service Centre operated by or on behalf of www.superpharmacy.com.au for the purposes of providing website customer service including customer service for the delivery of The SuperPharmacy Rewards Program and contactable on 1300 463 342 or email@example.com
Unlinked means the completed process or application whereby a Member terminates the association of the www.superpharmacy.com.au Rewards Program with an Affiliate Program Partner
Excluded Purchases means items or services sold online at www.superpharmacy.com.au that may be prohibited form accruing a benefit by applicable State or Federal law. Prescription and Pharmacist Only Products are excluded.
Member means a person who has Registered their membership using the process or by accepting an applicable offer they are deemed to have joined The Superpharmacy Rewards Program
Member Benefits are benefits which we specify from time to time in connection with The SuperPharmacy Rewards Program including, without limitation, Points, www.superpharmacy.com.au Rewards Dollars, including Points for redemption, Points for transfer to an Affiliate Program Partner, other Member Benefits specified in clause 5 of these Terms and Conditions and any other benefits we may make available to Members from time to time.
Membership Facility means any means by which you access The SuperPharmacy Rewards Program (including any Member Benefits) including, but not limited to, online at www.superpharmacy.com.au, the website or any other smartphone application or digital wallet authorised by us.
Online means www.superpharmacy.com.au
Participating Products means such products as advertised from time to time for which you can earn Points (as advertised in respect of the products) when you purchase those products.
Points means a sub-unit benefit accrued on purchases for Products that are not Excluded Products, where one point is earned for one dollar spend.
Points Value 200 (two hundred) Points equal $1 (one dollar), Points are redeemable solely on the Website in whole dollar Points Value increments
Points Transfer means the transfer of accrued Member Benefits to a Linked Affiliate Program Partner.
Promotional Bonus Points offer means products that are advertised from time to time that accrue additional points when purchased.
Registered means that you have registered your interest in The SuperPharmacy Rewards Program membership process on the Website or by calling the Customer Service Centre.
Terms and Conditions means this document, and any other documents referred to in it.
Website means the online Site at www.superpharmacy.com.au this includes The SuperPharmacy Rewards Program incorporated in the Site
www.superpharmacy.com.au is the online shopping site
Rewards balance means the deemed current value held in your Account following your purchases online, otherwise accumulated by you under these Terms and Conditions, which may be accrued and redeemed as described in clause 3 and 4.
The SuperPharmacy Rewards Program means the customer Rewards program we designate as such from time to time.
Contact Hours means Customer Service operating hours, Monday to Friday 8.00 am to 8.00 pm, Saturday 9.00 am to 5.00 pm and Sunday 9.00 am to 5.00 pm Australian Eastern Daylight Time.
Delivery Address means the address specified by you during the customer registration process for the delivery of Products that we will supply to you under these terms and conditions. In the case of delivery to a remote area via a courier, Delivery Address means the address of the courier or postal outlet to which we deliver the Products.
Delivery Fee has the meaning given in clause 14.1(b).
Order means an Order that contains one or more Products, transacted on the SuperPharmacy shopping site.
GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).
Login ID means the email address that you provided to us as part of the registration process to use the Site.
Order means any order for a Product or Products submitted using the Site and includes Prescription Orders and Non-prescription Orders. An Order containing both Prescription and Non-prescription items may be delivered as two separate and distinct deliveries.
Product means each good or service that is advertised on the Site.
Restricted Product means a Product that is subject to certain State or TGA restrictions for the supply of that Product.