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Farma Website Terms & Conditions of Use
Farma provides you with access to farma.au subject to the following terms and conditions. If you access, visit or shop on farma.au, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions. Please read them carefully. If you do not agree to these terms and conditions, please do not use this website.
1. Definitions
Unless otherwise specified below, capitalised terms in these Website Terms & Conditions of Use have the following meanings:
a. ‘Account’ means either a Farma Patient Portal account or any Farma account created through the Site;
b. ‘Site’ means www.farma.au.;
c. ‘we’, ‘our’, ‘us’ or ‘Farma’ means Farma Group Australia (ABN 91 636 315 109) and includes its related entities, directors, employees and agents; and
d. ‘you’ or ‘your’ means the person or customers using the Site.
2. Privacy
a. We are committed to protecting the privacy of everyone who accesses the Site. Our Privacy Policy can be viewed here.
b. We may disclose any information (including personal information) we may have about you to the extent permitted by law, in relation to any investigation or allegation that your use of the Site breaches these Website Terms & Conditions of Use or any applicable law.
3. Access
a. We grant you a limited license to access the Site for personal use. You may not modify, copy or otherwise deal with the Site without our express written consent.
b. To the extent permitted by law, we do not warrant or make any representations that:
i. your use of the Site will be uninterrupted or free from errors, viruses or other corrupted materials that may result in outages or disruption; or
ii. the Site will be compatible with any hardware and / or software that you use to access the Site.
c. We reserve the right to:
i. temporarily or permanently interrupt or disable the Site or some or all services on the Site at any time.
ii. suspend or deny you access to any or all of the pages on the Site.
d. We will not be liable to you or any other party for suspension or termination of access to the Site.
e. To the extent permitted by law, Farma and its related entities, officers, directors, employees, agents, contractors, successors, or assignees will not be liable for any loss or damage arising out of, or in relation to, your use of the Site or sites linked to the Site. This limitation applies to any direct, indirect, or consequential losses arising out of, or in connection with, the Site, including without limitation, any loss of profits, loss of business, loss of data, loss of opportunity, loss of goodwill, loss of contract or any special or punitive damages.
4. Your Account
a. You must provide accurate and complete information when requested by Farma for the purposes of your Account. If you do not provide accurate and complete information, we may not be able to provide you with goods or services.
b. You are responsible for maintaining the confidentiality and security of your account, password and computer. Farma will not be liable for loss or damage arising from your failure to maintain the confidentiality and / or security of your account, password or computer.
c. You are solely responsible for all activities that occur under your Account.
d. Persons under the age of 18 may only use the Site under the supervision of a parent or guardian.
5. Medical information
a. This Site may contain information about common medical conditions and general treatments. This information is designed to provide general health information only and is not medical advice. Information provided is often presented in a summarised form and is not exhaustive.
b. Information available on this site should not be used for diagnosing or treating a health problem or disease. Please see a healthcare practitioner and read the label before following any medical or health regime or before taking any medication or supplement. In the event of illness or the persistence of symptoms, the advice of your health care professional should be sought.
6. Intellectual Property
a. All material on the Site is our property, or that of our suppliers, and is protected by intellectual property laws.
b. Farma is either the owner or licensed user of the copyright in the Site materials and information authored and published on the Site by Farma, including without limitation any logo, design, text, graphic and / or their arrangement. The Farma name and all of its associated trademarks and brand names are the trademarks and brand names of Farma.
c. You may not use our trademarks in connection with any product or service that is not ours in any manner that is likely to cause confusion, or in any way that disparages or discredits us.
d. All other trademarks not owned by us or our related companies that appear on this site are the property of their respective owners.
e. You may not frame or utilise framing techniques to enclose any of our trademarks, logos, or other proprietary information without our express written consent.
f. You may not in any way commercially exploit any material obtained from the Site.
7. Reviews and Comments
a. We may allow visitors from time to time to post reviews, comments, or other content, or make suggestions or comments on the Site, providing always that such material:
i. must be posted from your genuine email address; and
ii. may not be (in Farma’s sole opinion):
1. impersonating another person or entity; or
2. spam, political, illegal, offensive, obscene, threatening, defamatory, invasive of privacy, a breach of intellectual property rights, or otherwise damaging to any party.
b. If you do post content or submit material on the Site, and unless we indicate otherwise, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
c. You also grant us the right to use the name that you submit in connection with such content.
d. You represent and warrant that:
i. you own or otherwise control all of the rights to the content that you post on the Site;
ii. use of the content you supply does not violate these Website Terms & Conditions of Use and will not cause injury to any person or entity; and
iii. you will indemnify Farma and its associates for all claims resulting from content you supply on or through the Site.
e. You further represent and warrant that you will not submit any content on the Site that:
i. is inaccurate, false, misleading, or deceptive;
ii. infringes any third party’s intellectual property rights;
iii. beaches any laws or regulations; or
iv. contains any computer viruses or other corrupted materials.
f. Farma may monitor, edit and / or remove any activity or content posted on the Site, including content that, in Farma’s sole opinion, does not comply with clause 7(a) above. To the extent permitted by law, Farma takes no responsibility and assumes no liability for any content posted by you or any third party.
8. Third Party Sites
a. The Site may contain links to other websites controlled by third parties (Third Party Sites). Farma is not responsible for any content on Third-Party Sites, nor does it endorse or approve such Third-Party Sites. If you choose to visit these Third-Party Sites, you do so at your own risk and should make your own enquiries before relying on any content contained on such Third-Party Sites.
b. Farma makes no representations about the quality or accuracy of material available on Third Party Sites or that such material does not infringe the intellectual property rights of any third party.
c. Updates of pricing on Google search results for Farma products may be delayed. Check on the Site for current pricing.
9. Indemnity
a. You agree to indemnify and will keep Farma and its related entities, officers, directors, employees, agents, contractors, successors, and assignees indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by Farma (or its related entities, officers, directors, employees, agents, contractors, successors, or assignees) in connection with your use of the Site, your breach of these Website Terms & Conditions of Use or your breach of any rights of third parties.
10. Changes to Website Terms & Conditions of Use
a. Farma may revise or amend these Website Terms & Conditions of Use at any time in its absolute discretion by posting revised terms.
b. By continuing to use the Site after any revision becomes effective, you agree to be bound by the revised Website Terms & Conditions of Use.
11. Feedback and complaints
a. You may contact Farma with queries, feedback or complaints by contacting Farma’s Customer Service team via email hello@farma.au or by phone 1800 960 690. Please see ‘Contact Us’ page for more information
12. General
a. Any failure by a party to exercise or enforce any one or more of its rights under these Website Terms & Conditions of Use will not constitute a waiver of such rights unless such waiver is granted in writing.
b. If any part of these Website Terms and of Use is determined to be unlawful, void or for any reason or unenforceable then that provision may be severed from these Website Terms & Conditions of Use, and it will not affect the validity and enforceability of the remaining provisions.
c. These Website Terms & Conditions of Use and our Privacy Policy consist of the entire agreement between us and you as regards the Site. The Terms and Conditions of Sale will apply to any purchase you make through the Site.
d. Questions regarding the Website Terms & Conditions of Use, Privacy Policy, or other policy-related material can be directed to our support staff by clicking on the “Contact Us” link in the menu.
Farma Website – Terms and Conditions of Sale
1. Definitions
Unless otherwise specified below, capitalised terms in these Terms and Conditions of Sale have the following meanings:
a. ‘ACL Statutory Guarantee’ means a right you may have in relation to Products that you have acquired pursuant to Part 3-2 of the Australian Consumer Law;
b. ‘Non-Pharmacy Products’ means products other than Pharmacy Products;
c. ‘Pharmacy Products’ means products that, by law, only pharmacies or pharmacists are permitted to sell in the state or territory in which you reside;
e. ‘Products’ means Pharmacy Products and Non-Pharmacy Products;
f. ‘Seller’ has the meaning set out in clause 2
g. ‘Site’ means www.farma.au;
h. ‘we’, ‘our’, ‘us’ or ‘Farma’ means Farma Group Australia (ABN 91 636 315 109); and
i. ‘you’ or ‘your’ means the person or customers using the Site.
2. Pharmacy Products and Non-Pharmacy Products
a. When you order a Pharmacy Product through the Site
i. the Seller of that Product will be:
1. for a standard delivery order, Farma to supply the Product.
ii. Farma may act as the Seller’s agent to accept the order and process payment for the order.
b. When you order a Non-Pharmacy Product through the Site, the Seller of that Product will be Farma Group Australia (ABN 91 636 315 109).
3. Placing and fulfilling orders
a. By placing an order on the Site, you make an offer to purchase the Products listed in your order from the Seller on the terms set out in these Terms and Conditions of Sale, together with any relevant terms appearing on the checkout pages and applicable Product pages on the Site.
b. If the Seller (being Farma) accepts your order, you will receive an email confirmation containing your order number, details of your order and a link to track its progress.
c. In certain circumstances, the Seller may reject an order, including but not limited to where the requested Product is not available, there is an error in the price or the product description posted on the Site, or the Seller suspects that the transaction has been made without the authority of the credit card holder. Where this occurs, you will be provided with a full refund.
d. If the Seller rejects an order, we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order. Each order placed for Products that is accepted results in a separate binding agreement between you and the Seller for the supply of those Products upon the terms set out in these Terms and Conditions of Sale.
e. The Seller may need to contact you about your order. By submitting an order, you consent to receiving communications for this purpose from the Seller electronically (including but not limited to emails and/or text messages).
f. Each Seller may limit the quantity of Products purchased by you.
4. Delivery / collection of Products
a. Third party contractors deliver our Products. There are some locations that we do not deliver to. To find out where we deliver, please see Frequently Asked Questions.
b. The delivery fee for your order depends on the delivery option chosen by you at checkout.
c. You acknowledge and agree that any person at your delivery Address who receives the Products is authorised by you to receive your order. If no-one is available to collect your order at the time that is delivered, written instructions with be provided outlining how you can collect your order from the nearest post office.
5. Fast Delivery
For more information on delivery, please refer to the Frequently Asked Questions
6. Payment Methods
a. We accept most major credit cards including Visa, MasterCard and American Express. We accept the international credit cards listed on our website, as updated from time to time.
b. You must provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information may cause a delay in processing your order and may result in orders being lost.
c. Your credit card will be billed as soon as your order is placed and you will be emailed a tax invoice as soon as you complete your online order. This is done to protect the security of your credit card details, as we do not store your card details at any point.
d. We may accept the following Buy Now, Pay Later payment providers if activated on the Site: Afterpay, Zip Pay, Humm and PayPal.
7. Returns and Exchanges
a. For information regarding returns and exchanges of Products purchased from the Site, please see our Returns and Exchanges policy here.
b. You may have a right pursuant to the ACL Statutory Guarantees in certain circumstances to return a Product for a repair, replacement or refund. These Terms and Conditions of Sale do not exclude, restrict or modify any such rights.
8. Variations of Product and Price
a. Advertised prices, discounts and savings may vary in store and online.
9. Liability
a. With the exception of ACL Statutory Guarantees, the Seller excludes:
i. any term, condition or warranty that may otherwise be implied into these Terms and Conditions of Sale, including any terms implied by the Sales of Goods Act (QLD) (to the extent that such terms may lawfully be excluded);
ii. any liability for loss or damage incurred because of or in connection with the Products purchased through the Site; and
iii. any liability for direct, indirect, or consequential losses.
b. Nothing in this clause 10 is intended to restrict, exclude, or modify any non-excludable statutory rights applicable to the supply of goods or service to consumers, including any applicable rights under the ACL Statutory Guarantees.
10. Additional terms and conditions
a. Your use of the Farma website (http://www.farma.au/) is governed by the Farma Website Terms & Conditions of Use.
11. General
a. Any failure by a party to exercise or enforce any one or more of its rights under these Terms and Conditions of Sale will not constitute a waiver of such rights unless such waiver is granted in writing.
b. If any part of these Terms and Conditions of Sale is determined to be unlawful, void or for any reason or unenforceable then that provision may be severed from these Terms and Conditions of Sale, and it will not affect the validity and enforceability of the remaining provisions.
c. These Terms and Conditions of Sale consist of the entire agreement between us and you as regards Products sold on the Farma website.
d. Questions regarding our Terms and Conditions of Sale can be directed to our support staff by clicking on the “Contact Us” link in the menu.