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Terms and Conditions

Agreement to Terms of Use

Your access to the Koala Chemist (“Koala Chemist”) mobile applications and website (“Koala Chemist Services”) is subject to the Koala Chemist Privacy Policy, HIPAA Privacy, and these Terms of Use.


1. Background

1.1 Koala Chemist (Bourke Street Pharmacy Pty Ltd) ABN 57114560703 (“Koala Chemist”) provides the Koala Chemist online technology platform (“Platform”) and collection of services (“Services”) that enables users of the Koala Chemist Platform to manage the purchase and delivery of medications.

1.2 All references to "us," "we" and "our" in this Privacy Policy are references to Koala Chemist. All references to "you" and "your" in this Privacy Policy are references to the users, clients or any other individuals who use our Platform or website to manage the purchase and delivery of their medications ("Users"). Other capitalised words are defined at the end of these Terms.

1.3 These Terms set out the basis on which we permit you to access the Platform. By accessing and using the Platform, you agree to be bound by these Terms and our Privacy Policy, as amended from time to time.

1.4 We may amend these Terms at any time by publishing the amended version on our website or by otherwise providing notice to you, such as by email or notification in the Platform. Any such amended version will apply to your use of the Platform from the date of its publication or our notice to you.

2. Your access to the platform

2.1 We grant you access to the Platform on the basis that you:

    1. will comply with these Terms at all times; and
    2. will comply with any reasonable request by Koala Chemist in relation to your use and access of the Platform.

2.2 By accepting these Terms, we grant you a limited, non-exclusive and revocable licence to access and use the Platform. We may issue this licence to you on any further terms or limitations as determined by us.

3. Account registration

3.1 In order to access the Platform, you must register an Account. We may set registration requirements at our discretion, including those contained in clause 3.2.

3.2 You agree and accept that:

    1. to use the Platform and Services, you must verify your identity by supplying at least three forms of unique identification in order to use the Platform, including but not limited to a current mobile telephone number or personal email address that we can reach you on, your first and last name and your address. If you do not provide us with this information, we are unable to provide you with access to the Platform;
    2. you are responsible for correctly setting up your Account, and for any information that you (or any third party authorised by you) enter into the Platform;
    3. you are not permitted to access or use the Platform if you are under the age of 16;
    4. in order to protect your Personal Information and Health Information, we may restrict access to your Account until your identity can be verified, including where you fail to supply the correct verification information for your Account; and
    5. any person who registers or uses a User’s Account in the Platform other than the User themselves warrants that they are an authorised representative of that User, or their parent or their legal guardian, and have the requisite authority to bind the User to these Terms.

4. Acceptable use and your obligations

4.1 In accessing or using the Platform, you must ensure that you do not:

    1. breach any laws, or encourage or assist the commission of any illegal act;
    2. infringe any person’s rights, including intellectual property and proprietary rights, rights of confidentiality or contractual rights;
    3. include any material that contains any virus or harmful code, or program that is designed to impair the performance of the Platform or any device accessing the Platform;
    4. impersonate any other person;
    5. negatively impact any other User’s ability to access and use the Platform;
    6. publish or link to malicious content;
    7. vexatiously or frivolously use the Platform;
    8. purchases medications via the Platform, and fail to take all reasonable steps to accept the Delivery or provide instructions to leave medications in a safe place or provide reasonable notice of any cancellation; or
    9. engage in conduct that is unlawful, defamatory, obscene, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person, or which is reasonably likely to damage our reputation or our services.

5. Availability of the platform

5.1 While we take all reasonable steps to limit any interruptions to your access to the Platform, you acknowledge and agree that:

    1. your access to the Platform may be prevented by issues outside of our control;
    2. we do not promise continuous or error-free access to the Platform, including as to any third party services facilitated by the Platform;
    3. the functionality of the Platform may change or be improved from time to time; and
    4. you are able to prepare for, or manage, unscheduled unavailability of the Platform by:
      1. checking the Koala Chemist website to receive the latest information or updates;
      2. printing hard copies of the information stored within the Platform; or
      3. contacting your Practitioner directly.

6. Third party information

6.1 You acknowledge and agree that:

    1. the Platform may provide links to third party websites;
    2. we are not responsible or liable in any way for any information contained on any linked third party website, including medical or clinical information; and
    3. we provide and operate the Platform only, and are not responsible for, or liable with respect to, the accuracy or completeness of any information or data which is provided or communicated to you via the Platform by your Medical Practice or Practitioner, or any other User of the Platform.

7. Data

7.1 Koala Chemist takes the security of the Platform and the privacy of Users very seriously. You agree that:

    1. you will not do anything to prejudice the security or privacy of our systems or of the information on our systems;
    2. you are solely responsible for the security of your login details for accessing the Platform; and
    3. you will notify Us immediately if you become aware of any unauthorised access to the Platform.

7.2 We will do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards. However, you accept that the internet is not a fully secure environment and we cannot accept responsibility for misuse or loss of, or unauthorised access to or disclosure of, information where the security of the information is not within our control. If you provide us with information via the internet, you do so accepting this risk.

7.3 We may limit the amount of data that you can store in the Platform, and will advise you of such limitations. Data that is stored with us will be stored according to accepted industry standards and best practices.

7.4 We will perform backups of the Platform in a reasonable manner at such times and intervals as are reasonable for our business purposes. We do not warrant that we are able to backup or recover specific User content from any period of time, unless so stated in writing by us.

8. Privacy

8.1 By using the Platform, you acknowledge and agree to all terms with our Privacy Policy.

9. Suspension or termination of access

9.1 We may, at our sole discretion:

    1. revoke, suspend or end your licence and access to use the Platform; and
    2. cancel or otherwise terminate your Account with immediate effect.

9.2 We will ordinarily advise a User of any suspension, revocation or termination. However, you accept that we are under no obligation to do so.

9.3 If your Account is cancelled or we otherwise permanently end your access to the Platform, information we have collected about you may be either:

    1. permanently deleted or de-identified; or
    2. retained in accordance with any applicable regulatory requirements.

9.4 Termination or expiration of your licence or access to use the Platform will not affect any accrued rights, indemnities, or any other provision of these Terms which are intended by their nature to survive termination or expiration.

10. Intellectual property

10.1 We (or our licensors) retain ownership of all intellectual property rights in and to the Platform, including messages and content we make available to you.

10.2 Nothing in these Terms transfers any intellectual property or proprietary rights in the Platform. Except as permitted by these Terms or under the Copyright Act 1968 (Cth), you must not:

    1. copy, upload, transmit, reproduce, distribute or in any way exploit or commercialise any services, content, technology or intellectual property rights obtained through your use of the Platform;
    2. reverse engineer, decompile, modify, translate, use for competitive analysis, create derivative works from, disassemble, disable or tamper with any part of the software forming part of the Platform; or
    3. rent, lease, lend, resell or sub-licence your rights to use and access the Platform.

10.3 You grant Us a royalty-free, sub-licensable, transferable, irrevocable, worldwide and perpetual licence to use, reproduce, adapt and display any contributions you make to the Platform in connection with its operation by Us, including without limitation insights, ideas, feature requests, suggestions or other information provided by you with respect to the Platform.

11. Liability and indemnity

11.1 To the extent permitted by law, you acknowledge and agree that:

    1. your use of the Platform is at your own risk;
    2. you are solely responsible for your use of the Platform and for the accuracy and suitability of any information or data that you upload to, or obtain from, the Platform, including any third party services facilitated by the Platform;
    3. we make no representation or warranty that the medication prescribed on your Prescription is the actual medication delivered. It is your responsibility to contact the Medical Practice and Pharmacy if you experience any issues with the medications delivered to you;
    4. the Platform is not designed for, and must not be relied upon in relation to, any critical, emergency or acute care medical circumstances.
    5. the Platform does not provide medical advice, nor does it hold itself out to provide medical advice;
    6. we provide and operate the Platform and deliver medications only, and are not responsible or liable for the conduct or activities of other third parties, including any third party service provider, Medical Practice or Practitioner; and
    7. under no circumstance will we be liable for:
      1. any illness, injury, or death resulting from use of the Platform; or
      2. any other any direct or indirect, incidental or consequential damages, loss or corruption of data, or any other similar or analogous loss resulting from your access to, use of, or inability to use the Platform or any content, whether based on warranty, contract, tort, negligence, in equity or any other course of action, and whether or not we knew or should have known of the possibility of such loss.

11.2 You agree to indemnify Us for any loss, damage or claim (including the loss or corruption of data, goodwill, bargain, opportunity or of anticipated savings) that we may suffer or incur as a result of any breach by you of these Terms.

11.3 Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories, and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, we together with our related entities exclude all conditions and warranties that may be implied by law.

12. General

12.1 You acknowledge that you have not relied on any representation, warranty or statement made by Us, other than as set out in these Terms or our Privacy Policy.

12.2 No clause of these Terms will be deemed waived and no breach excused unless such waiver or consent is provided in writing.

12.3 The laws of the state of Victoria, Australia govern these Terms, and you agree to the non-exclusive jurisdiction of courts in the State of Victoria, Australia for any disputes which might arise.

12.4 Any clause which is invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of these Terms.

12.5 You may not assign or otherwise create an interest in your agreement with Us without our prior written consent. We may assign or otherwise create an interest in our agreement with you under these Terms by written notice to you.

13. Interpretation

13.1 The following terms are used regularly throughout these Terms and have a particular meaning:

    1. Account is a registered User’s account on the Platform.
    2. Delivery is the action of delivering medications ordered through the Platform
    3. Health Information is as defined in the Privacy Act.
    4. Medical Practice is a medical practice, healthcare practice or other organised or incorporated body that provides healthcare services by medical practitioners or other health professionals, and includes a Practitioner or other staff members where implied by context.
    5. Medication is a drug or other form of medicine that is used to treat or prevent disease.
    6. User is a person who accesses or uses the Koala Chemist Platform.
    7. Personal Information is as defined in the Privacy Act.
    8. Pharmacy is a dispensary where medicinal drugs are prepared or sold by Pharmacists or other staff members implied by context.
    9. Pharmacist is a professional who is licensed to prepare and dispense drugs and medicines.
    10. Prescription is an instruction written by a Practitioner that authorises a patient to be issued with a medicine or treatment.
    11. Practitioner means a medical practitioner, health professional or other individual who provides Prescription for Medications.
    12. Privacy Act means the Privacy Act 1988 (Cth).
    13. Terms references these Terms of Service.

13.2 The following rules apply unless the context requires otherwise:

    1. headings and explanations are for convenience only and do not affect interpretation;
    2. the singular includes the plural and the opposite also applies;
    3. if a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning;
    4. a reference to a clause or item refers to clauses and items in these Terms;
    5. a reference to legislation is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it;
    6. mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included;
    7. a reference to a party to these Terms or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives); and
    8. a reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.