Customer Terms and Conditions

Background 

(a) Evermed is an ecommerce platform for prescription and over-the-counter medication. 

(b) We bring together patients (or their representatives) who would like to purchase medication, with community pharmacies, which sell medication.

(c) Orders placed with Evermed are dispensed and supplied by registered community pharmacies based throughout Australia. 

(d) We facilitate the collection of orders and payments on behalf of our pharmacy partners, and organise delivery of orders (Services). Evermed does not dispense or supply medications directly. 

1. Acceptance 

(a) Our website (Site) is operated by Medication Pty Ltd trading as Evermed (ABN 54 651 641 342) (we, our or us). It is available at: www.evermed.com.au and may be available through other addresses or channels. 

(b) By accessing and/or using the Site or our Services you: 

(1) warrant to us that you have reviewed these terms and conditions, and our Privacy Policy (available on the Site); 

(2) warrant to us that you have the legal capacity to enter into a legally binding agreement with us; 

(3) if you are ordering products on behalf of another person, you warrant to us that you have valid authority and consent to order, collect or receive products on behalf of that person; 

(4) if you are ordering products on behalf of another person, you warrant to us that valid authority and consent to disclose their information to us in accordance with our Privacy Policy and communicate with us about their medications; 

(5) warrant to us that any information that you provide to us under this Agreement is accurate, correct, up-to-date and no information that would be relevant for us to deliver the products, or for a pharmacist to dispense any medicines, has been withheld from us; and

(6) agree to use the Site in accordance with the Terms.

(c) We and our Personnel are not medical practitioners or health professionals, and do not give medical advice, diagnosis or treatment. You acknowledge and agree that nothing in the Services we provide or on the Site may be taken to be medical advice, diagnosis or treatment by us or our representatives, nor are they intended to be a substitute for consulting a qualified medical practitioner. If you have any health or medical issues or concerns you agree to speak with a qualified medical professional prior to using the Site and receiving services from us.

(d) You accept these Terms by placing an order for products via the Site.

(e) You must not place an order for products unless you are at least 16 years old. 

2. Orders

(a) You may order products as set out on our Site. When you place an order for products on our Site, you are making an order to purchase the product(s) for the price listed on the Site (including the delivery fees or other applicable charges and taxes).

(b) We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of our services to you in accordance with these Terms.

(c) We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the Services you order (for example for an event beyond our reasonable control) or if our Pharmacy Partner is unable to fulfil or supply the order due to stock unavailability, inability to prepare the product for professional reasons, or other reasonable grounds. We will contact you using the details you provided when you placed your order. 

(d) It is your responsibility to check the order details, including selected products, delivery details and pricing, before you submit your order. 

(e) When you order and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, the billing address, a description of what was ordered and the delivery address.

3. Price and payments

(a) You must pay us the purchase price of each product you order plus any applicable delivery costs based on the delivery options selected by you as set out on the Site (the Price) in accordance with this clause. All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable). The Price displayed on our Site includes both the cost of medication and the cost of packaging the medications for delivery, to comply with legal regulations and in accordance with good industry practice. We display delivery costs separately from the product price. 

(b) You must pay the Price upfront using one of the methods set out on the Site. 

(c) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment and that your payment will be honoured by your card issuer.

(d) We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.

(e) You appoint as your limited payment collection agency solely for the purpose of accepting payment from you for orders of Products through the Site. 

4. Delivery, Title and Risk

(a) Please refer to the delivery information on the Site to ensure you are in a delivery area. If you are not in a delivery area please contact us to discuss delivery options. We do not deliver outside of Australia.

(b) Delivery costs are set out on the Site and are to be paid in accordance with the delivery option selected.

(c) Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company and may be subject to delivery delays outside of our control. We are not liable for any such delays that occur.

(d) If you need to change the delivery date or delivery address, please notify us immediately in writing. 

(e) We may deliver the products using a range of delivery methods such as Australia Post and courier services. You may need to sign for some deliveries. If neither you nor your authorised representative are at the delivery address to accept delivery, the delivery company may leave the item unattended, deliver the products to a post office, or will return the delivery to the dispensing pharmacy.

(f) Title to the products will remain with us until you have paid us the Price in full in accordance with the Terms. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.

(g) Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order. If nobody is available at the delivery address and the item may be left unattended.

(h) Temperature sensitive medications may be left unattended if nobody is available to accept the order. It is your responsibility to ensure medications are kept in appropriate conditions once they are delivered to the delivery address you provided in your order.

5. Returns 

(a) We do not accept returns for change of mind or other circumstances. You may have rights under the Australian Consumer Law (see below) in addition to this clause. 

(b) Where you return the products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us. 

(c) Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new product or refund you the Price of the relevant product. Please contact us for further information.

6. Intellectual property 

(a) All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and the Services) will at all times vest, or remain vested, in us.

(b) You must not, without our prior written consent: 

(1) copy or use, in whole or in part, any of our intellectual property; 

(2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or

(3) breach any intellectual property rights connected with the Site or the Services, including (without limitation) altering or modifying any of our intellectual property; causing any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.

7. Limitations

(a) Despite anything to the contrary, to the maximum extent permitted by law: 

(1) our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim; 

(2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data; and 

(3) we will not be liable to you for any adverse outcomes or health impacts that arise due to the use of any products ordered through the Site or as a result of providing our ordering and delivery services to you; 

whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

(b) Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any: 

(1) loss of, or damage to, the products, or any injury or loss to any person, including allergic reactions or adverse effects from consuming the products;

(2) failure or delay in providing the products; or 

(3) breach of the Terms or any law,

where caused or contributed to by any: 

(4) event or circumstance beyond our reasonable control; or

(5) act or omission of you or your related parties,

and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products. 

(c) Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our goods come with guarantees which 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. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

8. Collection Notice

(a) We collect personal information about you in order to enable you to access and use the Site, provide you with our Services, to contact and communicate with you, to allow you to create an account with us, to respond to your enquiries, to process and dispatch your orders and for other purposes set out in our Privacy Policy.

(b) We may disclose that information to third party service providers who help us deliver our services (including our Pharmacy Partners, delivery partners, inventory management software, information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law (including to the Australian Department of Health and state authorities). If you do not provide this information we may not be able to provide our Services to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia. 

(c) Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process. 

(d) By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information in accordance with our Privacy Policy.

9. General

(a) Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause). 

(b) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

(c) Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.

(d) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent. 

(e) Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.

(f) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.

(g) Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site. 

(h) Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. 

For any questions and notices, please contact us at support@evermed.com.au