Terms and Conditions.

MEDMATE- TERMS AND CONDITIONS

This platform (Platform) is operated by Medmate Australia ABN 88628471509, or its successors and assignees (we, our or us).  The Platform is available through our mobile application, and may be available through other online addresses or channels, including on our website, https://medmate.com.au/.  The Platform refers to our marketplace regardless of how you access it.

The Platform connects registered Australian pharmacies and chemists (Pharmacy or Pharmacies) with customers requiring medication or medical products (Customers) by facilitating introductions between Pharmacies and Customers and providing a medication and medical product ordering service. The Platform also connects Customers with medical clinics (Medical Clinics) by facilitating the provision of electronic prescriptions and allowing for the booking of medical appointments. The Platform also connects Customers with pathology, radiology and specialist providers (Service Providers) by facilitating the transmission of electronic referrals and/or the booking of respective appointments.

Medical emergencies: If a you require immediate medical attention, contact your treating general practitioner or call 000.

DO NOT USE THE PLATFORM IF:

You have or think you may have an emergency or critical condition or symptom, including, but in no way limited to:

-Severe chest pain

-Heart attack

-Stroke

-Loss of consciousness

-Severe bleeding

-Breathing difficulty

If you are in doubt about the seriousness of your condition, the appropriateness or effectiveness of using this Platform or believe that you, or anyone is in an urgent, dangerous or emergency situation, you should not use the Platform and instead contact 000 immediately or seek alternative and appropriate medical services.

Acceptance

By downloading our mobile application, accessing and/or using our Platform, you; each person, entity or organisation using our Platform (referred to as you or a User) (i) warrant to us that you have reviewed these terms and conditions, including our Privacy Policy (available on the Platform) (Terms), (including, if applicable, with your parent or legal guardian) and you understand them; (2) warrant to us that you have the legal capacity to enter into a legally binding agreement with us and if you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms; and (3) agree to use the Platform in accordance with these Terms.

Please read these Terms carefully and cease using the Platform if you do not agree to the Terms. We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Platform. We recommend you check our Platform regularly to ensure you are aware of our current Terms.

Platform Summary

  • The Platform connects Customers with Pharmacies and facilitates an introduction and ordering service for over-the-counter products, over-the-counter medication and prescription medication (Product). The Platform also connects Customers with Medical Clinics to facilitate the provision of electronic prescriptions (Electronic Prescriptions) and the booking of medical appointments (Medical Appointment). The Platform also connects Customers to Service Providers and facilitates the transmission of electronic referrals (Electronic Referral) and/or the booking of respective appointments (Service Provider Appointment).

Customer and Pharmacy

  • A Customer may (1) search the product catalogue or enter details of the Product required (including by scanning or uploading the prescription or the QR code found on the Customer’s prescription (Prescription)); and (2) place an order for the Product through the Platform with a Pharmacy (Order Request). The Order Request is sent to the Pharmacy through the Platform.
  • The Pharmacy must communicate to the Customer any additional terms and conditions relating to the order of the Product (including relating to the delivery of the Product). Alternatively, the Pharmacy must clearly state that there are additional terms and conditions and make reference to where these terms and conditions can be accessed by the Customer. To the extent there is inconsistency between any additional terms and conditions and these Terms, these Terms will prevail.
  • The Pharmacy may accept or reject a Customer’s Order Request (which, if accepted, becomes an Order). By accepting an Order Request, the Pharmacy confirms that it is legally permitted to supply the Product in the Order Request. Pharmacies may reject an Order Request (i) in their sole discretion, (ii) if the Product is not in stock, or (iii) if the Pharmacy cannot contact a Customer to confirm details of her or his Prescription. If the Customer’s selected Pharmacy rejects an Order Request, the Customer may cancel the Order Request or issue the Order Request to an alternative Pharmacy.
  • The Customer may cancel an Order Request or Order at any time:
    • If the Order Request has not yet been confirmed by the Pharmacy, the Customer may cancel the Order Request through the Platform; and
    • If the Customer cancels an Order that has already been confirmed by the Pharmacy, the Customer must contact the Pharmacy directly to cancel the Order. The Pharmacy may not agree to cancel the Order if the Pharmacy has already organised for delivery of the Product.
  • Once a Pharmacy has accepted an Order Request, the Pharmacy and Customer can communicate using contact details provided on the Platform. Pharmacies may need to contact Customers in order to confirm Prescription and eligibility details.
  • Once a Pharmacy has dispatched the Product requested by a Customer, by using the Platform functionality, the Pharmacy must organise for delivery of the Product in accordance with the Customer’s selected delivery times and provide notice to the Customer that the Order is complete (Completed Order).
  • Payment for any Order will be made by the Customer in accordance with the terms set out under Fees and Payments.

Customer and Medical Clinic

  • A Customer may (1) search the list of Medical Clinics on the Platform; (2) contact a Medical Clinic to request a Medical Appointment or, if it is an existing patient of the Medical Clinic, request an Electronic Prescription or Electronic Referral (Medical Clinic Request). The Medical Clinic Request is sent to the Medical Clinic through the Platform.
  • The Medical Clinic must communicate to the Customer any additional terms and conditions relating to the Medical Clinic Request (including relating to cancellations and re-bookings of Medical Appointments or collection and use of Customer information). Alternatively, the Medical Clinic must clearly state that there are additional terms and conditions (including any applicable fees) and make reference to where these terms and conditions can be accessed by the Customer. To the extent there is inconsistency between any additional terms and conditions and these Terms, these Terms will prevail.
  • The Medical Clinic may accept or reject a Customer’s Medical Clinic Request (which, if accepted, becomes a Medical Clinic Order). By accepting a Medical Clinic Request, the Medical Clinic confirms that it is legally permitted to provide a Medical Appointment, Electronic Referral or an Electronic Prescription. Medical Clinics may reject a Medical Clinic Request in their sole discretion, including if a Customer is not an existing patient of the Medical Clinic or for any reason Prescriptions are not able to be issued electronically.
  • Once a Medical Clinic has accepted a Medical Clinic Order, the Medical Clinic and Customer can communicate and transfer files and information relating to the Medical Appointment or the Electronic Prescription using the Platform.

Customer and Pathology, Radiology and Specialists

  • A Customer may (1) search the list of pathology, radiology and specialist Service Providers on the Platform, or follow the recommendations of a medical practitioner in the choice of Service Provider; and (2) utilise an Electronic Referral to request to book a Service Provider Appointment (Service Provider Request). The Customer consents to the transfer of booking and clinical information to the Service Provider by the Platform.
  • The Service Provider must communicate to the Customer any additional terms and conditions relating to the use of the services (including relating to cancellations and re-bookings of Service Provider Appointments or collection and use of Customer information). Alternatively, the Service Provider must clearly state that there are additional terms and conditions (including any applicable fees) and make reference to where these terms and conditions can be accessed by the Customer. To the extent there is inconsistency between any additional terms and conditions and these Terms, these Terms will prevail.
  • The Service Provider may accept or reject a Customer’s Service Provider Request (which, if accepted, also becomes a Service Provider Order). By accepting a Service Provider Request, the Service Provider confirms that it is legally permitted to provide the Service Provider Appointment, which may entail pathology, radiology or specialist services.
  • Once a Service Provider has accepted a Service Provider request, the Service Provider and Customer can communicate and transfer all required information relating to the service.
  • The Customer consents to the use of their personal and sensitive information by the Medical Clinic for the generation and transmission of an Electronic Referral to a service provider recommended by the referring doctor.

General use of the Platform

  • Each User understands and agrees that the Platform is an online introductory platform and only provides an ordering service (of Products or Electronic Prescriptions) and a booking service (of Medical Appointments or Service Provider Appointments). Our responsibilities are limited to facilitating the functionality of the Platform. We are not an employment agency or labour hire business and Pharmacies, Service Providers and Medical Clinics are not our contractors or agents.
  • We are not a party to any agreement entered into between a Pharmacy and a Customer or a Medical Clinic and a Customer or a Service Provider and a Customer. We have no control over the conduct of Pharmacies, Service Providers, Medical Clinics, Customers and any other users of the Platform and the services. We accept no liability for any aspect of the Customer and Pharmacy or Customer and Medical Clinic, or Service Provider and Customer interaction.

Delivery of Product

  • As a Customer, you may choose delivery dates and delivery window times for the delivery of the Product as part of your Order Request.
  • You agree that estimated delivery times may be affected if a Pharmacy is required to contact you for further information to dispense the Product, including if you are not available to take a call, the Pharmacy cannot contact you, or for any reason which means the Pharmacy does not have all required information needed to dispense the Product.
  • The Pharmacy is solely responsible for the delivery of the Product to the Customer once an Order has been made. When delivering a Product, the Pharmacy may have certain terms and conditions that may apply to the delivery, including, but not limited to, provision of the Prescription for the Product by the Customer, requirement for acceptable form of identification or conditions relating to re-delivery attempts. The Pharmacy agrees to notify the Customer prior to delivery of the Product of any terms and conditions that may apply to the delivery of the Product.

Collection Notice

  • We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
  • We may disclose that information to third party service providers who help us deliver our services (including 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. If you do not provide this information we may not be able to provide our Platform to you.
  • 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.
  • By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

Registration and Profiles

  • You must register on the Platform and create an account (Account) to access most features on the Platform.
  • If you are a Customer and you do not register on the Platform, you will not be able to order Products, book Medical Appointments or Service Provider Appointments or request Electronic Referrals or Electronic Prescriptions on the Platform.
  • If you are a Pharmacy, Service Provider or Medical Clinic, we will review your request for an Account before approving the request and we may be required to re-verify your account on annual basis. For Pharmacies, we may request additional information, including details of and PBS approval. If you do not provide us with information we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates that the Pharmacy, Service Provider or Medical Clinic should not be provided with an Account, we may refuse to provide the Pharmacy, Service Provider or Medical Clinic with an Account, in our sole discretion. We will onboard and train Pharmacies, Service Providers and Medical Clinics as to the use of the Platform.
  • If you are a Pharmacy, the creation of your Account, and use of the Platform, will be subject to the confidential commercial terms set out in a schedule we provide to you (Schedule), which will also set out details of your subscription (Subscription). You may choose between different tiers of Subscription with different services and different subscription periods (monthly or annual), and the tier that will apply to you in the use of the Platform will be as set out in the Schedule.
  • You may only have 1 Account on the Platform. If you are a Pharmacy, Service Provider or Medical Clinic owner and you own more than one Pharmacy, Service Provider clinic or Medical Clinic, you must apply for a separate Account for each Pharmacy, Service Provider clinic or Medical Clinic.
  • You must provide basic information when registering for an Account. For Customers, you will be required to provide your name, address, date of birth, email address, phone number, Medicare details and basic clinical information and you will be required to enter a username and password for your use of the Account. For Medical Clinics, Service Providers and Pharmacies, you will be required to provide your business details and business address, and other information we may reasonably require.
  • If you are a Customer, you may also register for an network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account, including, but not limited to, your current profile photo and other basic information.
  • Once you have registered an Account, your account information will be used to create a profile (Profile). For Pharmacies, Service Provider or Medical Clinics, we will create your Profile with the details you submitted during the account creation process, including details of your opening hours, contact details and address. We may make any relevant changes to a Pharmacy’s, Service Provider’s or Medical Clinic’s Profile.
  • You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.
  • You are responsible for keeping your Account and Profile details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details (if you are a Customer), whether or not you authorised such activities or actions.
  • You will immediately notify us of any unauthorised use of your Account.
  • At our sole discretion, we may refuse to allow any or Pharmacy, Service Provider or Medical Clinic to register or create an Account.

Pharmacy Subscriptions

  • Your use of the Platform will be dependent on your tier of Subscription, as described in the Schedule.
  • Once you have created an Account and chosen a Subscription, you agree to pay the subscription fee set out on in the Schedule (Subscription Fee) to access and use certain features on the Platform and benefit from your Subscription.
  • Month to month Subscriptions continue until cancelled in accordance with the cancellation clause below.
  • If you do not cancel your annual Subscription in accordance with the cancellation clause below, it will be renewed for another year at the end of your current Subscription term. We will notify you 30 days prior to the end of the current Subscription term.

Upgrading or downgrading your Subscription

  • You may upgrade or downgrade your Subscription to another tier at any time by sending us an email. The payment method linked to your Account will automatically be charged the Subscription Fee for your new Subscription tier on the Payment Date (as defined below) on which the upgrade or downgrade becomes effective.
  • The upgrade or downgrade will apply to the next month if you upgrade or downgrade your Subscription at least 14 days before the next Payment Date.
  • If you upgrade or downgrade less than 14 days before the next Payment Date, the upgrade or downgrade will become effective for the following month.
  • If your need to upgrade is urgent, please send us an email and we may upgrade your Subscription prior to the Payment Date on which the upgrade was due to become effective. We may organise for the payment method linked to your Account to be charged the pro-rata Subscription Fee for your new Subscription tier.

Cancelling Subscription

  • You may cancel your Subscription at any time in the Account page / manage Subscription (or similar) section of your Account settings.
  • The cancellation will apply to the next month for month to month Subscription or the next year for annual Subscription if you cancel your Subscription at least 14 days before the next Payment Date.
  • If you cancel your Subscription less than 14 days before the next Payment Date, you will be charged the Subscription Fee on the next Payment Date and the cancellation will become effective for the following month for month to month Subscription or the next year for annual Subscriptions.

Fees and Payments

Fees payable by Customer

  • As a Customer, you agree to pay the relevant price for the Product (Product Fee) to the Pharmacy.
  • Payments of the Product Fee will be made through our third party payment processor, or by any other payment method set out on the Platform.
  • We will pre-authorise your card or account for the Product Fee at the time that you make an Order Request. Payment will be processed at the time the Pharmacy accepts the Order Request.
  • Upon receipt of the Product Fee from the Customer, as the Pharmacy’s limited payment collection agent, we will collect and hold all payments for the Product and payment will be transferred to the Pharmacy according to the agreement we have with the Pharmacy.

Fees payable by Pharmacy

  • For each item of the Product purchased on the Platform, in consideration of providing the Platform, a fee, as set out in the Schedule, will be due and payable by the Pharmacy to us (Listing Fee). You agree that the Listing Fee is to be treated as confidential information, which is not to be disclosed by you to any third party, unless you are required to do so by law.
  • The Subscription Fee for your use of the Platform will be dependent on your tier of Subscription, as described in the Schedule. The Subscription Fee will be charged upfront on a monthly basis for both annual and monthly subscriptions.  . Subscriptions are to be paid on a direct debit arrangement. Both annual and monthly Subscriptions will be debited on the first day of each month (Payment Date). If a Pharmacy joins a Subscription during the month a pro-rata fee will be debited for that month. . To the extent permitted by law, the Subscription Fee is non-refundable and non-cancellable once paid.
  • If your Subscription does not include certain features and functionalities that may be accessible in the Platform (Additional Features), for example, promotions, you may request us to provide the Additional Features of the Platform.  If we agree to provide the Additional Features, the Pharmacy agrees to pay us the fees set out in the Schedule (Additional Feature Fee), in consideration of providing the Additional Features. The Additional Feature Fee will be charged monthly in advance.
  • Within 5 business days from the end of each accounting period set out in the Schedule (Accounting Period), we will provide you with a statement setting out the Products ordered through the Platform, , third party gateway fees  and the Listing  Fees that may be payable during the Accounting Period. We will remit within 5 business days of the end of each Accounting Period, the net amount received (including GST) for the Product less any fees due and payable by you to us.  If the amount of the Product is less than the fees due and payable by you to us, we may issue you an invoice for the difference, and such amount will be due and payable by you within 5 business days or we may charge your selected payment method on the Platform directly.
  • We may modify the Subscription Fees, Listing Fees and Additional Feature Fees, as well as the payment terms from time to time. For month to month Subscriptions, any price changes will apply to you no earlier than 30 days following notice to you. For annual Subscriptions, the price changes will apply to you no earlier than the start of your renewed Subscription. The notice may be provided at any time via email or via notification to your Account. If you do not agree to the price change, you may cancel your Subscription in accordance with the Subscription cancellation clause.

General

  • Payments on the Platform are processed through our third party payment processor, currently Medipass and Stripe. By making payment through a third party payment processor, you accept the applicable terms and conditions.
  • 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, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the payment.

Limited Payment Collection Agent

  • Each Pharmacy appoints us as the Pharmacy’s limited payment collection agent solely for the purpose of accepting payments for Products from the Customer and, if relevant, to process any refunds as permitted by these Terms.
  • Pharmacies agree that payment for Products by a Customer to us (as the Pharmacy’s limited payment collection agent) is to be considered the same as payment made directly by the Customer to the Pharmacy.
  • As the limited payment collection agent for the Pharmacy, we agree to facilitate the payment of the Products. In the event that we do not remit payments for the Products as set out in the Fees and Payment clause above, Pharmacies will only have recourse against us.
  • As the limited payment collection agent, the Platform does not accept any ownership of, or title in, the Products. Products remain the property of the Pharmacy until such time that the Pharmacy transfers ownership, and title in, the Products, directly to the Customer.

Licence to use our Platform

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms.  All other uses are prohibited without our prior written consent.

Prohibited conduct

You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (without limitation):

  • anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
  • using our Platform to defame, harass, threaten, menace or offend any person;
  • interfering with any user using our Platform;
  • tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;
  • anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, zoning and tax regulations;
  • using our Platform to abuse in any way the Pharmaceutical Benefits Scheme (PBS);
  • using our Platform to find a Customer or Pharmacy and then completing an Order or transaction independent of our Platform in order to circumvent the obligation to pay any fees related to our provision of the Platform;
  • as a Pharmacy, offering any Products that you do not intend to honour or cannot provide, or are not legally permitted to provide;
  • as a Service Provider, offering any Service Provider Appointment that you do not intend to honour or cannot provide, or are not legally permitted to provide;
  • as a Medical Clinic, offering any Medical Appointments, Electronic Referral or Electronic Prescriptions that you do not intend to honour or cannot provide, or are not legally permitted to provide;
  • as a Customer, making an Order Request to Pharmacies that you do not intend to complete;
  • using our Platform to send unsolicited via email or through the messaging capabilities of the Platform; or
  • facilitating or assisting a third party to do any of the above acts.

Pharmacy obligations and warranties

The Pharmacy warrants that:

  • it has the authority and capacity to enter into and fulfil its obligations in accordance with these Terms;
  • it is, and will remain, a licensed Pharmacy for the duration of these Terms; and
  • it has, and will maintain, all necessary permits, licences and registrations to operate as a Pharmacy for the duration of these Terms.

Pharmacies must:

  •  provide Orders in accordance with these Terms and all applicable laws; with due care, skill and diligence; in a proper and professional manner, and in accordance with best industry practice;
  • not subcontract or otherwise fulfil an Order where the Product the subject of the Order is not being sent from that Pharmacy at which the Order Request was made;
  • be solely responsible for the price of good and services available through its Pharmacy and inform us of any such changes if any such goods and services are listed on the Platform;
  • be responsible for the collection of government subsidies and rebates, including Medicare and PBS payments;
  • handle all complaints or enquiries regarding the provided by the Pharmacy, and promptly inform us in writing of any complaints relating to any Order ;
  • only dispense Products which are subsidised under the PBS if the Pharmacy is approved to supply pharmaceutical benefits under section 90 or section 94 of the National Health Act 1953 (Cth);
  • keep copies of all Orders and Customer histories in accordance with our Privacy Policy;
  • provide information and documentation and cooperate with us in the operation of the Platformas we may reasonably require; and
  • comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) (as if you were an “APP entity” as defined in the Privacy Act 1988 (Cth)) and any other applicable legislation or privacy guidelines that may apply to you or the provision of the Products.

When accepting an Order Request and fulfilling an Order, the Pharmacy must:

  • use best endeavours to promptly accept and fulfil all Orders within the timeframe stipulated by the Platform;
  • ensure that if delivery is requested, the Order is delivered to the Customer within or by the timeframe it has accepted for delivery;
  • promptly advise the Customer if it is unable to fulfil an Order or requires to change any aspect of the Order or if delivery is likely to be delayed;
  • package Orders safely, with proper and sufficient packaging or cushioning in order to prevent damage to the Products while in transit and to provide a cooling system or foil bags in accordance with medication delivery laws and ensure the stability of the Products is maintained at all times in accordance with manufacturer’s requirements, if applicable;
  • ensure that the condition of the Products are satisfactory with consideration to:
    • packaging;
    • best before’ or ‘use by’ dates;
    • fit for purpose; and
    • not subject to recall or safety concerns;
  • only dispense an Order Request for a Product that is a prescription item, upon receipt of a valid Prescription. We do not warrant or make any representation that Prescriptions forwarded by the Platform are valid or meet legal requirements;
  • ensure pharmacists employed at the Pharmacy exercise their professional judgement to ascertain whether the dispensing of a requested Product requires consultation with the Customer. The pharmacist must use all endeavours to contact the Customer in the most appropriate manner and provide appropriate counselling, before supplying the Product. The Product must not be provided unless the pharmacist is confident that this obligation has been fulfilled. The pharmacist may elect to provide Consumer Medication Information, if appropriate to consolidate any other communication provided; and
  • comply with the ACL.

The Pharmacy is responsible for:

  • checking all prescriptions provided as part of an Order; a Pharmacy must not accept an Order Request if a Customer does not provide or scan a valid paper or electronic prescription;
  • processing Medicare payments and rebates – we do not process Medicare payments and rebates on behalf of Pharmacies;
  • ensuring the price it charges the Customer for PBS prescriptions in accordance with the PBS Schedule and with regard to Customer eligibility; and
  • contacting the Customer to verify any patient details that may be incorrect or invalid or incomplete. Such details may include, but are not limited to, Medicare number, any health care or entitlement number or date of birth. We do not warrant the accuracy of any of this information and is not liable for any Liability incurred by the Pharmacy as a result of any such error omission.

The Pharmacy warrants that:

  • all goods and services it supplies or that are procured on its behalf are supplied in accordance with all regulatory and legislative requirements in addition to ethical and professional obligations relevant to the practice of pharmacy;
  • all staff of the Pharmacy and those engaged with providing goods and services on behalf of the Pharmacy, adhere to such obligations which include, but are not limited to the following:
    • the Pharmacy Board of Australia Practice Guidelines;
    • the Pharmaceutical Society of Australia’s Code of Ethics for Pharmacists;
    • the Drugs, Poisons and Controlled Substances Act (1981) (Vic), and any applicable regulations;
    • the National Health Act (1953) (Cth);
    • the Pharmaceutical Benefits Scheme; and
    • the National Code of Conduct for Health Care Workers;
  • the Platform takes no responsibility for the failure or breach by the Pharmacy, or its representatives, of any legal, ethical or moral breach by the Pharmacy, or its representatives, of any legal, ethical or moral breach of its obligations, whether intentional or unintentional; and
  • the Platform, in its sole discretion, may impose conditions or restrictions or cancel or suspend participation of the Pharmacy on the Platform if non-compliance of its obligations determined or suspected. Such action will take effect immediately upon notification to the Pharmacy. Notwithstanding, the Platform may as its discretion, provide the Pharmacy a period of 14 days to remedy such non-compliance to a standard considered satisfactory by the Platform.

The Platform in its sole discretion may redirect Orders to another Pharmacy if we reasonably determine or suspect a breach or failure by the Pharmacy to fulfil its obligations under these Terms.

Medical Clinic obligations and warranties

Medical Clinics must:

  • maintain Customer privacy and integrity and security of personal information in the provision of Electronic Prescriptions;
  • ensure that any data in the Electronic Prescription is encrypted while it is in transit and may be decrypted to support the technical operation and identification of the Electronic Prescription;
  • comply with any regulatory and technical frameworks for the issuing of Electronic Prescriptions;
  • maintain required licences, authorisations and registrations to operate as a medical clinic;
  • comply with all applicable laws relating to the provision of Electronic Prescriptions and Medical Appointments; and
  • comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) (as if you were an “APP entity” as defined in the Privacy Act 1988 (Cth)) and any other applicable legislation or privacy guidelines that may apply to you or the provision of the Electronic Prescriptions and Medical Appointments.

Service Provider obligations and warranties

Service Providers must:

  • maintain Customer privacy and integrity and security of personal information in the receipt and utilisation of Electronic Referrals;
  • comply with any regulatory and technical frameworks for the receipt of Electronic Referrals;
  • maintain required licences, authorisations and registrations to operate as a Service Provider; and
  • comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) (as if you were an “APP entity” as defined in the Privacy Act 1988 (Cth)) and any other applicable legislation or privacy guidelines that may apply to you as a Service Provider.

Customer obligations and warranties

Customers must:

  • if purchasing Prescription Products, have obtained a valid Prescription from a medical health practitioner prior to submitting an Order Request;
  • not submit Order Requests on behalf of another person;
  • have a Prescription with a barcode or other valid prescription that can be scanned and used with the Platform;
  • if you are placing an Order Request for your child, you warrant that you are that child’s parent or legal guardian;
  • if requested by a Pharmacy, provide your personal identification; and
  • provide consent for the Pharmacy to view your Prescription.

Exclusion of competitors

You are prohibited from using our Platform, including the information and materials available on it (Content), in any way that competes with our business.  If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.

Information

The Content is not comprehensive and is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and is not advice.  While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable):

  • copy or use, in whole or in part, any Content;
  • reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
  • breach any intellectual property rights connected with our Platform, including (without limitation) by:
    • altering or modifying any of the Content;
    • causing any of the Content to be framed or embedded in another website; or
    • creating derivative works from the Content.

User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and content, including reviews or ratings (User Content) on our Platform.  By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform.

You agree that you are solely responsible for all User Content that you make available on or through our Platform.  You represent and warrant that:

  • you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
  • neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.

Third party sites: Our Platform may contain links to websites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites.  You should make your own investigations with respect to the suitability of those websites.

Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part.  We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Consumer Guarantees

  • Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).
  • Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.  You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.
  • The goods and services provided by a Pharmacy might also confer Customers with certain Statutory Rights.

Warranties, disclaimers and indemnity

To the extent permitted by law, we make no representations or warranties about our Platform, the Content, Pharmacies, Service Providers Medical Clinics, Customers, Products, Medical Appointments, Service Provider Appointments, Electronic Referrals or Electronic Prescriptions, including (without limitation) that:

  • they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
  • access will be uninterrupted, error-free and free from viruses;
  • our Platform will be secure; and
  • Products will be requested by Customers.

You read, use, and act on our Platform and the Content at your own risk.

Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law:

  • our maximum aggregate Liability arising from or in connection with these Terms (including the services we provide and/or the subject matter of these Terms) will be limited to, and must not exceed the aggregate amount of fees paid by you to us during the three-month period immediately preceding the event that gave rise to the Liability or $100 if no such fees have been paid; and
  • 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,
  • whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
  • 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:
    • event or circumstance beyond our reasonable control;
    • acts or omissions of you or your personnel;
    • any defect, error, omission, lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit), inaccessibility of, interruption or outage with respect to the Platform;
    • use of the Platform and/or Content;
    • interaction you have with other users whether in person or online;
    • any injury or loss to any person;
    • Content which is incorrect, incomplete or out-of-date; or
    • breach of these Terms or any law.
  • You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.
  • This clause will survive the termination or expiry of these Terms.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Reviews

  • Customers may review their experience with Pharmacies on the Platform (a Review).
  • can be viewed by any User and will remain viewable until the relevant Account is removed or terminated.
  • You agree to provide true, fair and accurate information in your Review. If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting the Review. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
  • You can write a Review if you have had an experience with the relevant Pharmacy, which means that (1) you have engaged the Pharmacy through the Platform; or (2) you can otherwise document your interaction with the Pharmacy in relation to the Platform, including via correspondence (collectively referred to as a Customer Experience).
  • You may not write a review about a Pharmacy you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Pharmacy, or work for the Pharmacy. Similarly, you may not write a Review about a direct competitor to the Pharmacy you own, are employed by or work for.
  • Your Customer Experience must have occurred in the 12 months prior to you writing a Review.
  • You may only write about your own Customer Experience. You are not permitted to write a Review about somebody else’s Customer Experience, such as that of a family member or friend.

Refund Policy

  • A Customer may directly request the Pharmacy, within 24 hours from receipt of the Order, to refund or exchange the Order or part thereof if there is any fault, error or defect in the Order.
  • If the Pharmacy is required to refund the Order, the Pharmacy will directly refund the Customer. Refunded transactions will be disbursed as part of the payments to Pharmacy within 5 business days from end of accounting period. Third party gateway fees and Listing fees are still applied to refunded transactions. If the Pharmacy is required to exchange the Product, the Pharmacy and the Customer are to agree on the delivery of the Product that the Pharmacy supplies to the Customer in exchange for the defective Product.
  • The Pharmacy and the Customer are to agree on the return of the defective Products, including any costs associated with returning defective Product.
  • Medmate does not warrant that a Customer’s request for a refund or exchange will be approved by the Pharmacy.
  • Pharmacies must process Customer refunds within 24 hours of their approval.

Termination

  • You may cancel your Account and terminate these Terms at any time via the Account feature (or similar) on our Platform or by sending us an email to the address at the end of these Terms. If you are a Pharmacy, your Account will be cancelled in accordance with the Cancelling Subscription section of these Terms. As a Pharmacy, you may not cancel your Account if you have accepted an Order Request and which has not yet been completed and you must fulfil all Orders before cancelling or deleting your Account. If you cancel your Account as a Customer, any Order Requests will be automatically cancelled and you will be refunded the price of any Product, however if a Pharmacy has accepted an Order Request, then you may not cancel your Account until the Order has been fulfilled and no refund will be provided.
  • We may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to the email address in your Account.
  • (At our sole discretion, we may suspend your Account or terminate these Terms immediately without notice if (i) you are in breach of these Terms, any applicable laws, regulations or third party rights (ii) as a Pharmacy you are no longer registered as a pharmacy, breach any of the conditions applying to your registration as a pharmacy; (iii) we have received complaints about you; or (iv) you have breached any applicable laws.

Disputes: We encourage Pharmacies, Service Providers Medical Clinics and Customers to attempt to resolve disputes with other Users directly. In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

 

Severance

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction

Your use of our Platform and these Terms are governed by the laws of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Platform may be accessed throughout Australia and overseas.  We make no representation that our Platform complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our Platform from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Platform.

For any questions and notices, please contact us at:

Email: admin@medmate.com.au

Last update: 2 July 2020