uMeds Terms of Service

Introduction

Welcome to uMeds Australia Pty Ltd ACN 683 182 014 (uMeds, we, us, our). 

The Terms apply to everyone that uses our Services or browses, accesses, or provides information to us including on or through our Platforms (collectively and individually, You or Your).

Delivery Partners means any one or more of our network of entities that deliver Medicine ordered on the Platform.

Medicine means medicine prescribed by a prescribing practitioner.

Pharmacy means any one or more of our network of pharmacies that dispense Medicine ordered on the Platform.

Platform means any one or more of the websites, digital media and service platforms we use to provide the Services.

Services means the services we provide as described in these Terms.

Terms means these terms of service, our Privacy Policy and any other agreement with us that You accept or is otherwise incorporated into these terms expressly or by implication.

Our services

The Services we provide are the Platforms to connect You with a Pharmacy and facilitate You ordering, purchasing and receiving delivery of Your Medicine dispensed by a Pharmacy. 

Pharmacies

On Your behalf through the Platform, we agree to request a Pharmacy to:

  • supply, and dispense Your Medicine to You 
  • provide You with advice and counselling on the effective and safe use of Your Medicine. 

You agree to being contacted directly by a Pharmacy in relation to the Medicine You have been prescribed, if required by the Pharmacy. 

By using the Platform to purchase Medicine, You agree to purchase Your Medicine from the Pharmacy we nominate to supply Your Medicine.

By using the Platform to purchase Medicine, You accept the Pharmacy’s terms and conditions for supply of Your Medicine, which will be provided to You with the confirmation of Your order. 

If You do not wish to accept the Pharmacy’s terms and conditions, You must immediately cancel Your order for the Medicine.

When the Pharmacy accepts Your order, it confirms that it is legally permitted to supply the Medicine to You.  

You acknowledge and agree that the Pharmacy is not obliged to accept or supply Your order. The Pharmacy may choose in its absolute discretion not to accept or supply an order from You, including where:

  • the Medicine is not in stock
  • the Pharmacy cannot contact You 
  • the Pharmacy is unable to confirm with You the details of Your prescription and provide information to You about the safe and effective use of Your Medicine.

If a pharmacy does not supply Your order, we may nominate another pharmacy to do so.

If we cannot identify a Pharmacy to supply Your order for Medicine, we will refund all payments made for the Medicine. 

Your obligations

Using our Services

By accessing our Platforms and using our Services, You agree to comply with and be bound by the terms of service set out in these Terms. If You do not agree to these Terms, You must stop using our Services.

In order to use our Services, You must use the Platform to:

  • order Your Medicine
  • pay for Your Medicine
  • nominate the address for delivery of Your Medicine.

By using the Platform to order Medicine, You authorise and request:

  • Your prescribing practitioner to provide us with:
    • Your prescription for Your Medicine
    • all additional information provided to Your prescribing practitioner which may be relevant to the Pharmacy supplying Medicine to You
  • us to provide the Pharmacy with:
    • Your prescription for Your Medicine
    • all additional information provided to us by Your prescribing practitioner which may be relevant to the Pharmacy supplying Medicine to You including information obtained from Your prescribing practitioner.

You acknowledge and agree that the information You provide to us through the Platform will be used by us to facilitate:

  • the Pharmacy dispensing Your Medicine 
  • Our Delivery Partners delivering Your Medicine to You. 

You authorise us to provide to the Pharmacy and our Delivery Partners all information reasonably required to enable the Pharmacy to dispense and the Delivery Partners to deliver Your Medicine to You. 

Accurate information

You must provide accurate, current and complete information about Yourself to access our Platforms and use our Services including Your full name, date of birth, contact details, bank details, credit or debit card details and any other information we may request that is reasonably required to provide the Services. 

You must update the information to maintain its accuracy whenever You use our Services. If the information that You provide to us is incomplete or inaccurate we may not be able to provide the Services to You.

You acknowledge and agree that, to the best of Your knowledge, Your prescription and all associated authorisations uploaded to the Platform by You or on Your behalf are current, have been properly issued by a Health Care Provider in the form uploaded, and You are not aware of any matters affecting the validity of the prescription and associated authorisations.

Access and security

You must notify us immediately that You become aware of any unauthorised use of the Platform using Your name, username and/or password or any other breach of security of the Platform. 

When using the Platform and our Services You must:

  • maintain the confidentiality of Your account credentials, including Your username and password. 
  • take all reasonable steps to ensure that a third party does not gain access to the Platform in Your name.
  • use a secure and private environment to protect the confidentiality of Your information used to access the Platform.

Appropriate Use

When using the Platform and our Services You agree that:

  • You will not use our Services to engage in any fraudulent or unlawful activity.
  • You will not share inappropriate, offensive, or illegal content.
  • You will treat all our staff, and any staff of our partners and suppliers, with respect and courtesy, and will not use abusive or threatening language or behaviour in communications with us, our partners or suppliers.
  • You will not attempt to deceive or mislead us or our staff in any way.

Obtaining medical advice

uMeds do not provide medical or pharmacist advice or assistance, but we can assist You to obtain this support.  Alternatively, You can contact Your prescribing practitioner or the Pharmacist if You:

  • have any queries about Your Medicine
  • experience any adverse reactions or side effects from Your Medicine.

For any medical emergency, you should call emergency services on 000.

Acceptance of delivery

Your Medicine will be delivered by our Delivery Partners. You cannot pick up Your Medicine directly from the Pharmacy. All deliveries of Your Medicine by the Pharmacy or our Delivery Partners require Your signature acknowledging receipt and acceptance of the Medicine to ensure Your privacy and the safe delivery of Your Medicine. In some circumstances the Pharmacy, at its absolute discretion, may be able to arrange delivery of Your Medicine to a secure lock box that is registered to You, and in the same name as Your prescription for Your Medicine. Your Medicine cannot be left at the delivery address even if You request this. 

You are responsible for ensuring that You:

  • provide us with Your address for delivery of Your Medicine
  • are available to accept delivery of Your Medicine at the address for delivery You nominate, during the delivery period advised by the Delivery Partner

If you are unable to accept delivery at the nominated delivery address, Your order may be cancelled and You will not be entitled to a refund if You cancel Your order after it has been dispensed.

Missing orders and product quality 

‍If Your Medicine has not been delivered as expected, or there are issues with the Medicine you received, You must contact us on orders@umeds.com.au or our support line on 1800 123 456. We will contact the Pharmacy to address the issue with Your Medicine. Our Returns Policy published on our website applies to all orders for Medicine using our Services.

Eligibility

Our Services are only available to You if You:

  • are over 18 years years of age;
  • are currently living in Australia and have an Australian residential address;
  • are using the Services for Yourself and not for any other person unless You have the legal authority to do so; and
  • have the legal right, authority and capacity to agree to and abide by the Terms.

You warrant each of these matters are true and correct each time You use our Services and access our Platforms.

Intellectual Property

All content and materials available through our Platform and in providing our Services, including but not limited to text, graphics, website name, code, images, and logos are our property or licensed to us and are protected by applicable law. Any unauthorised use of these materials is prohibited.

Termination of Use

We may suspend or terminate Your use of the Platform and cease providing the Services to You if You fail to comply with Your obligations in these Terms or breach these Terms.

Limitation of liability, disclaimer and indemnity

You agree and acknowledge that the Medicine is supplied to You by the Pharmacy and that we are not responsible in any way for any acts or omissions by the Pharmacy or any other person in supplying, dispensing and delivering the Medicine to You or the Pharmacy’s failure or refusal to do so.

You agree and acknowledge that our Services are not nor are they intended to provide professional medical or health care advice or information, medical diagnosis or treatment.  You agree and acknowledge that you have obtained or will obtain the advice of the Pharmacy, Your prescribing practitioner or other medical practitioner or qualified health care provider in relation to the Medicine You order under these Terms and whether it is appropriate for You.

Other than as expressly set out in these Terms, we make no express or implied warranties in relation to the Services, the Platform or the Medicine. You expressly agree that use of our Services and the Platform is at Your sole risk. We do not warrant that the Platform will be uninterrupted or error-free. We do not warrant any outcomes from Your use of the Services, or use of the Platform, or information or content provided through the Platform.

We do not warrant that the Platform will be available at any time. You acknowledge that the Platform may be unavailable for a number of reasons, including due to matters beyond our control, and You must not hold us accountable in respect of the Platform not being available at any time. We do not warrant that Your use of the Platform will meet any particular performance criteria.

We do not warrant or make any representations concerning the completeness, timeliness, suitability or accuracy of any material on or linked to the Platform, or that access to the Platform will be uninterrupted, timely or secure.

You agree that we are not liable for any loss or claim by You (whether arising in contract, tort, under statute or otherwise) for any direct, indirect, special, incidental, consequential loss, damages or injury including loss of profits, revenue or data arising out of or in connection with the provision of the Services, use of the Platform, the Medicine or the completeness, timeliness, suitability or accuracy of any material or information on the Platform, and whether as a result of any breach or negligence by us or any acts or omissions of the Pharmacy.

Anything in these Terms which limits or excludes our liability or any express or implied term, condition or warranty applies to the extent permitted by law.

All information on the Platform is supplied without any warranty whatsoever. Information and statements are not intended to diagnose, treat, cure, or prevent any disease, injury or illness.

No warranty is made that any information on or linked to the Platform is complete and/or accurate. All information contained on the Platform, including information relating to Medicine, medical and health conditions, products and treatments, is for informational purposes only. 

The information contained on the Platform is not intended nor is it implied to be a substitute for professional medical advice, pharmacist advice or any information contained on or in any Medicine packaging or labels. Always seek the advice of your pharmacist or medical practitioner about Your use of Your Medicine, when starting use of any new Medicine or continuing with Medicine. Nothing contained on the Platform or provided by our Services is intended to be or should be taken for medical advice, diagnosis or treatment. You take full and total responsibility for what you do with this information, and any resulting outcomes from your actions.

You indemnify us, our related entities, our agents, officers, employees, and third-party service providers (Indemnified Parties) against any loss, cost, expense or damage (including legal costs on a full indemnity basis) which any of the Indemnified Parties suffer or incur as a direct or indirect result of:

  • any breach by You of any representation, warranty or term of these Terms;
  • any infringement by You of the intellectual property rights of a third party arising from any data, information or content You provide to us in connection with the Services;
  • any violation of law; and
  • any legal proceedings threatened or initiated against us by a third party as a result of any of the above matters.

General

We may amend the Terms at any time. All amendments are effective from the date they are published on any one of our Platforms or otherwise notified to You. By continuing to use the Services or access the Platforms, You agree to be bound by the amendments to the Terms.

The Terms including all policies and other agreements referred to or incorporated in the Terms, set out the entire agreement between You and us in relation to the Services and Your use of the Platform.

If You do not accept the Terms including any amendments, or are not satisfied with the Platform, Your only recourse (to the extent permitted by law) is to immediately terminate Your use of the Platform.

If any provision of the Terms are found to be invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability will not affect the operation or interpretation of any other provision of the Terms to the intent that the invalid or unenforceable provision will be treated as severed from the Terms.

We may assign our rights and novate or transfer obligations which arise under the Terms. You must not assign Your rights or novate or transfer obligations which arise under the Terms without our prior written consent.

The Terms are governed by the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts located in Victoria.

Privacy policy

We value your privacy and we work hard to protect the information you provide to us.  Our Privacy Policy is incorporated into the Terms, and sets out how we will collect, use, store, disclose and dispose of your personal information and can be found at https://www.umeds.com.au/privacy-policy.

GST

GST means any tax imposed on the supply of any goods, services, real or personal property  or other things or similar tax under any GST law. 

GST Law at any time means any GST law defined in A New Tax System (Goods  and Services Tax) Act 1999, as affected or interpreted by any other applicable legislation and  any public or private ruling of the Commissioner of Taxation, as at that time.

If any supply by one Party (GST Supplier) to another Party (GST Recipient) under these Terms is a taxable supply, then the amount due to the GST Supplier for that supply will be the sum of: 

  • the GST exclusive Price for that supply; and
  • the amount of GST payable by the GST Supplier in respect of that supply (GST Amount). 

The GST Recipient’s obligation to pay to the GST Amount is subject to the GST Supplier first providing to the GST Recipient a tax invoice conforming with the requirements of GST Law.

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