Definitions and interpretation
In these Terms and Conditions, unless otherwise indicated:
Agreement means these Terms of Use and the Privacy Policy.
Australian Consumer Law means the law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth);
Dispensed Platform refers to the platform upon which a person can access consultations with Health Practitioners and receive prescribed products from our Partner Pharmacies (as defined in clause 2).
User (you, your) refers to a person who accesses or uses the Dispensed Platform or Site;
User Content means any and all information and content that a User submits to, or uses with, the Site or Services, including without limitation, content in the User’s profile, User reviews and/or postings;
Site refers to https://www.dispensed.com.au/ and any other digital media and service platforms, including Dispensed Platform used by Dispensed to provide its Services.
Dispensed Pty Ltd (Dispensed, us, we, or our) own and operate the Site. Access to and use of the Site and Dispensed’s services facilitated through the Site (collectively, Services) is subject to the following terms, conditions and notices (Terms of Use). By using the Services, you are agreeing to all the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.
The Site provides a platform for you to access consultations with medical and other health practitioners (Health Practitioners). Dispensed is not responsible for the advice provided by Health Practitioners and does not make any representations about their expertise or suitability of the advice provided, or not provided. The Site may also provide you with access to independent pharmacies which may dispense products prescribed or recommended by a Health Practitioner (Partner Pharmacies). Dispensed is not responsible for the quality or suitability of products and services provided by the Partner Pharmacies.
Amendment of the Terms of Use
Dispensed reserves the right to amend the Terms of Use at any time. Any changes will be published on the Site. Amendments will be effective upon publication on the Site. Your continued use of the Site represents an agreement to be bound by the amended Terms of Use.
Privacy policy
Dispensed’s privacy policy (Privacy Policy) which is available [https://www.dispensed.com.au/privacy-policy], sets out how we will collect, use, disclose and store your personal information. By providing personal information to us via this Site, Dispensed Platform or otherwise, you consent to the collection, use, disclosure and storage of your personal information in accordance with the Privacy Policy, as amended from time to time. The terms of the Privacy Policy are hereby incorporated into these Terms of Use.
Intellectual property
a. Apart from any use permitted under the Copyright Act 1968 (Cth) you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute content on the Site in any way except as expressly provided for on the Site or expressly authorised in writing by Dispensed. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material available on the Site.
b. Excluding User Content, you acknowledge that all the intellectual property rights in the Site and Services are owned by Dispensed or Dispensed’s licensors. The provision of the Site and Services does not transfer to you or any third party, any rights, title, or interest in or to such intellectual property rights.
c. Dispensed Pty Ltd. Dispensed™; the Dispensed logo; “Dispensed” and any other registered or unregistered trade marks of Dispensed (collectively, Marks) are trade marks of Dispensed Pty Ltd. You acknowledge and agree that you are not permitted to use the Marks or any third-party marks displayed on our Site without prior written consent from, respectively, Dispensed Pty Ltd or the owners of such third-party marks.
Eligibility
You must be, and you warrant that you are, 18 years of age to use the Site and Dispensed Platform within Australia.
Accounts
a. In order to use certain features of the Site (e.g., the Dispensed Platform), you must register an account with Dispensed (Dispensed Account). You will be prompted to provide information about yourself, including personal information as defined in section 6 of the Privacy Act 1988 (Cth) (Registration Information) in the Dispensed Account registration form. You represent and warrant that:
(i) all required Registration Information you submit is complete and accurate; and
(ii) you will maintain the completeness and accuracy of Registration Information at all times.
b. You may not create more than one Dispensed Account.
c. Dispensed may suspend or terminate your Dispensed Account in accordance with these Terms of Use.
d. Subject to clauses 14(e) and 15, you may delete your Dispensed Account at any time, for any reason, by sending an email to support@Dispensed.com.au which includes your Dispensed Account email, full name and your request to delete your account.
e. You are responsible for maintaining the confidentiality of your Dispensed Account login information and are fully responsible for all activities that occur under your Dispensed Account. You agree to immediately notify Dispensed of any unauthorised use, or suspected unauthorised use, of your Dispensed Account or any other breach of security. Dispensed cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
f. We may permit you to login to the Site or Dispensed Platform or otherwise associate your Dispensed Account with your login credentials from certain social networking sites (SNS) (for example, Facebook and Twitter). We may receive information about you from a SNS, in accordance with the terms and conditions of the applicable SNS.
Access and Use of the Site
a. License
Subject to the terms of this Agreement, Dispensed grants you a non-transferable, non-exclusive license to use the Site and Services for your personal, non-commercial use. Subject to the terms of this Agreement, Dispensed grants you a non-transferable, non-exclusive license to install and use the software Dispensed makes available for mobile devices (Mobile App), in executable object code format only, solely on your own handheld mobile device and for your personal, non-commercial use. As used in this Agreement, the term “Services” includes the Mobile App.
b. You agree not to:
(i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data;
(ii) send unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
(iii) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
(iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks;
(v) harass or interfere with another User’s use and enjoyment of the Site or Services;
(vi) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services;
(vii) submit any false, incorrect or misleading information through your usage of the Site;
(viii) reproduce, duplicate, copy or re-sell any part of our Site or content, including graphics, icons, logos and service names;
(ix) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services;
(x) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services;
(xi) access the Site or Services in order to build a similar or competitive service;
(xii) access without authority, interfere with, damage or disrupt any part of our Site, including:any equipment or network on which our site is stored;any software used in the provision of our site; and/orany equipment, network or software owned by any third party.
Modification
Dispensed reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that Dispensed will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.
Communications
Text message
a. Where you have provided us with your phone number, you agree that Dispensed and those acting on its behalf may send you text messages (SMS). Standard SMS charges applied by your cell phone carrier will apply to SMSs we send. Your agreement to receive promotional texts is not a condition of any purchase or service offered by Dispensed. If you change or deactivate the phone number you provided to Dispensed, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. You agree that texts, calls, or pre-recorded messages may be generated by automatic telephone dialling systems.
b. You may opt-out of receiving all SMSs from Dispensed at any time by deleting your account or by replying STOP to any text message from Dispensed. NOTE: opting-out of receiving all SMSs from Dispensed may limit your ability to use certain Services. You may continue to receive text messages for a short period while Dispensed processes your request, and you may also receive SMSs confirming the receipt of your opt-out request.
c. You may opt back into receiving text messages from Dispensed at any time by notifying Dispensed or by replying START to a SMS from Dispensed.
Email
d. Where you have provided your email address, you agree that we may send you emails concerning our Services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.
User Content
a. You acknowledge and agree that Dispensed is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Dispensed does not assume and will not have any liability or responsibility to you or any other person or User for your use or misuse of any User Content.
b. You agree not to use the Site, Services, or any of Dispensed’s social media pages or channels to collect, upload, transmit, display, or distribute any User Content that:
(i) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(ii) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature; or
(iii) in violation of any law, regulation, or obligations or restrictions imposed by any third-party.
c. You hereby grant, and you represent and warrant that you have the right to grant, to Dispensed an irrevocable, nonexclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services. You agree to irrevocably consent to permitting Dispensed and any respective licensees, assignees and successors in title to infringe any and all moral rights that you may have with respect to your User Content.
d. We reserve the right (but have no obligation) to review any User Content (including any image files or reviews), investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your Dispensed Account, and/or reporting you to law enforcement authorities) if we in our sole discretion suspect that you have violated the any provision of this Agreement, any applicable law or otherwise create liability for us or any other person.
e. Each User of the Site or Services is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content. Dispensed makes no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Users are solely between you and such User. You agree that Dispensed will not be responsible for any loss or damage incurred as the result of any such interactions. Dispensed is under no obligation to become involved or assist in the resolution of disputes between Users.
Feedback
If you provide Dispensed any feedback or suggestions regarding the Site or Services (Feedback), you hereby assign to Dispensed all rights in the Feedback and agree that Dispensed shall have the right to use such Feedback and related information in any manner it deems appropriate. Dispensed will treat any Feedback you provide to Dispensed as non-confidential and non-proprietary. You agree that you will not submit to Dispensed any information or ideas that you consider to be confidential or proprietary.
Third Parties
a. Third-party interactions
During use of the Site or Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers including practitioners (including Health Practitioners), pharmacies (including Partner Pharmacies), advertisers or sponsors showing their goods and/or services through the Service. Dispensed is not a party to any transaction that you may enter into with a third party. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third party. Dispensed shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction, or promotion between you and any such third-party. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.
b. Third-party materials
The Site or Services may display, include, or make available third-party content (including data, information, articles, applications or other products, services and/or materials) or contain links to third party websites, services, and advertisements for third parties (Third-Party Materials). You acknowledge and agree that Dispensed is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Dispensed does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk. When you link to a Third-Party Material, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you find necessary or appropriate before proceeding with any transaction in connection with such Third-Party Material.
c. Deals
The Site or Services may display, include, or make available coupons, promotional codes, giveaways, samples, and other offers (Deals). Deals constitute Third-Party Materials under these Terms of Use. Dispensed displays these Deals on the Site and Services as a form of advertisement for the third party only. All Deals are offered directly by the applicable third party, and may be subject to additional terms, conditions, or restrictions, whether or not such additional terms, conditions, or restrictions are expressly included on the Site or Services. The relevant third party, and not Dispensed, is solely responsible for:
(i) redemption of the Deal;
(ii) compliance of all aspects of the Deal with applicable law (including without limit, the advertisement, redemption, and terms, conditions and restrictions related thereto);
(iii) all goods and services it provides to you in connection with the Deal;
(iv) and all losses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Deal or not.
d. Release regarding other Users, Third-Party Interactions or Third-Party Materials
to the maximum extent permitted by law, you hereby release and forever discharge Dispensed (and our officers, directors, contractors, employees, agents, successors, and assigns) from, and hereby waive and relinquish your rights with respect to, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Service users, Third-Party Interactions, or Third-Party Materials.
Treatment Plan
a. Consultation cancellations
Your appointment is important to us and is reserved especially for you. We understand that life can sometimes get in the way and changes and cancellations may be necessary. Should you need to make changes to your appointment, please provide a minimum of 24 hours’ notice to allow a Health Practitioner to offer your allocated time to another patient. You will be charged a cancellation fee equal to the cost of the consultation for any missed or cancelled appointments where you have provided less than 24 hours’ notice.
b. Treatment Plan Subscription Consent
Health Practitioners will create a personalised treatment plan for you which may include a prescription medication (Treatment Plan). Subject to availability, any prescribed medication will be dispensed to you in accordance with the Treatment Plan on a subscription basis by way of delivery to your nominated address [on the dates that you select your prescribed medication to be dispensed and dispatched to you] (Treatment Pack). For the avoidance of doubt, Treatment Packs are part of, and included in, your Treatment Plan. By subscribing to our Services, you agree:(i) Subscription Fee: Dispensed charges you a [monthly] fee for your Treatment Plan (Subscription Fee) which will be notified to you [by email/SMS/ in your Dispensed Account] after [the Health Practitioner issues your prescription for products and the products are confirmed to be available through Partner Pharmacies]. Dispensed will automatically deduct the Subscription Fee on [the first business day of each month] from your nominated bank account [specified in your Dispensed Account].
(ii) Delivery of Treatment Packs: Your Treatment Pack will be dispatched by a Partner Pharmacy in accordance with their respective terms and conditions and other relevant policies. The Partner Pharmacy will endeavour to dispatch your Treatment Pack [the following business day] after your Subscription Fee is made. You will be notified by [email/SMS/sending a notification on your Dispensed Account] [before/after] Treatment Pack is dispatched. Our Partner Pharmacies deliveries require a signature upon acceptance. Please ensure you have allocated a delivery address where someone will be available to sign for your delivery between the hours of 9am–5pm, Monday to Friday. Prescription products cannot be given an authority to leave direction. If no one is present to sign for your products, your package will be taken to the nearest post office for collection and a card with collection instructions will be left at your address.
(iii) Follow-up Consultations: To ensure the effectiveness and appropriateness of your Treatment Plan, you are required to schedule and attend follow-up consultations at least every six (6) months. These follow-up consultations are essential for monitoring your progress, adjusting your Treatment Plan as necessary, and ensuring the continued suitability of the prescribed medical products. By subscribing to our Services, you acknowledge that you understand and accept the requirement for follow-up consultations every six (6) months to continue receiving our Services.
c. Modifications to the Treatment Plan
Your Treatment Plan may be modified based on the outcomes of your follow-up consultations and any changes in your medical condition. Any changes to your Treatment Plan will be communicated to you, and you will have the opportunity to discuss and agree to these changes with your Healthcare Provider. Your current Treatment Plan will apply unless otherwise advised by the Health Practitioner, and until you and the Health Practitioner will finalise the new Treatment Plan (New Treatment Plan). The Subscription Fee will be adjusted to reflect the New Treatment Plan and will become effective and payable [from the month following the latest delivery of Treatment Plan].
d. Prescription Compliance Acknowledgement
You acknowledge and agree that, where a Treatment Plan includes a prescription for medications, the Health Practitioner will issue such prescriptions in compliance with the applicable laws, regulations and requirements governing prescriptions in the State of Victoria. You further acknowledge and agree that prescriptions issued in accordance with the Victorian laws, regulations and requirements may not comply with the legal or regulatory requirements of other jurisdictions. The Health Practitioner retains sole discretion to determine whether to re-issue a prescription in accordance with the laws, regulations and requirements of any other jurisdiction.
e. Choice of Pharmacy
We work with partner pharmacies that we may recommend you use to dispense any medication that a registered health practitioner prescribes you following your use of the Services. We may recommend that you use a partner pharmacy as we have a good working relationship with those partner pharmacies and are aware of the stock that they hold from time to time. We may recommend a partner pharmacy to you based on the medication you are prescribed and your geographic location to facilitate timely delivery of your medication by that recommended pharmacy.You are not required to use a partner pharmacy and you can, at any time, request that we provide you with a copy of your prescription for you to attend and present to any pharmacy of your choice. We cannot guarantee that your selected pharmacy will have your prescribed medication in stock, or be able to obtain and dispense your medication in a timely manner. If your selected pharmacy requires that we provide a copy of any approval letters issued to the Dispensed registered health practitioners, we may charge you an administration fee to collate the requested documents, redact all personal information of the registered health practitioner from the documents and deliver the documents to your selected pharmacy. We will notify you of the estimated administration fee and seek your approval prior to undertaking the work, if applicable.
f. Damaged or Incorrect Products in Treatment Packs: Please contact Dispensed within 3 days of receiving the Treatment Pack if:
(i) the products in the Treatment Pack arrived damaged; or
(ii) the Treatment Pack contains products that are not in accordance with your Treatment Plan.You may be required to provide us with an image of the damaged or incorrect product in order to process a refund or replacement. The cost of freight will be covered for these returned products.
g. Termination of Services
You may terminate the Services at any time by giving us written notice by sending us an email to support@dispensed.com.au [or by following the prompts on your Dispensed Account] (Termination Request). If we have received your Termination Request at least [2 business days] before the next Subscription Fee is paid, you will not be charged the upcoming Subscription Fee, and your next Treatment Pack will not be dispensed by the Partner Pharmacy. In addition to termination rights in clause 15, failure to schedule and attend the required follow-up consultations may result in the suspension or termination of your subscription to the Services.
Term and Termination
a. Subject to this clause, this Agreement will remain in full force and effect while you use the Site or Services.
(i) We may suspend your rights to use the Site and/or Services (including your Dispensed Account); or
(ii) terminate this Agreement,at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your Dispensed Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your Dispensed Account involves deletion of your User Content associated therewith from our Site, Services, and live databases. Dispensed will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Dispensed Account or deletion of your User Content. [If we terminate the Agreement before the next Subscription Fee has been paid, then we will not charge that Subscription Fee. However, if we terminate the Agreement after the next Subscription Fee has been charged for the month and the Treatment Pack has not been dispatched to you yet, then we will refund you that Subscription Fee].
b. Even after this Agreement is terminated, the provisions of this Agreement which are capable of operating will remain in effect.
Disclaimers
a. Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy.
b. All information contained on the Site and about the Services is for informational purposes only and is not a substitute for medical or health practitioner consultation.
c. Dispensed is not responsible for your relationship with any Health Practitioners, Partner Pharmacies, third parties, or other Users of the Site or Services.
d. Dispensed is not obliged to screen third parties (including Health Practitioners and Partner Pharmacies) to determine whether they are qualified or authorised by law to provide their services or to determine the accuracy of the information they provide.
e. Any information accessed through the Site and Services, or within any of Dispensed’s social media pages or channels is for informational and educational purposes only, and is not intended to be a substitute for medical advice, diagnosis, or treatment.Liability and
Indemnity
a. In this clause 17, a reference to Dispensed includes its related bodies corporate, officers, directors, contractors, employees and agents.
b. You agree to indemnify and hold Dispensed harmless from any and all losses (including reasonable legal costs and expenses) or liabilities incurred by Dispensed arising from any claim, demand, suit, action or proceeding by any person against Dispensed arising from, in connection with or in respect of:
(i) your breach of the Agreement, including a breach of any representations or warranties that you make pursuant to this Agreement; or
(ii) your publication or distribution of any material or information about, or in relation to, the Site and/or Services.
c. To the maximum extent permitted by law, and subject to clause 17(d) of these Terms of Use, Dispensed’s maximum aggregate liability to any User, whether arising under contract, in tort (including negligence), under statute, in equity or otherwise at law, shall not exceed the Subscription Fee paid by you in the six (6) months preceding the event giving rise to the loss or liability.
d. Notwithstanding anything in the Agreement, Dispensed will not be liable to any User or third party, whether arising under contract, in tort (including negligence), under statute, in equity or otherwise at law, for any indirect or consequential loss or damage, including, but not limited to loss of profit, loss of revenue, loss of business or contracts, business interruption, special damages or pecuniary loss, or loss of data, whether or not such loss or damage was in the reasonable contemplation of the parties at the time of entering into the Agreement.
Jurisdiction
This Agreement is governed by the laws of the State of Victoria, Australia. We make no representation that the Site and Services comply with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.
Dispute Resolution
a. Pre-Arbitration dispute resolution
We are always interested in resolving disputes amicably and efficiently. Attempts to informally resolve any dispute must be exhausted before any formal legal proceedings or arbitrations may be commenced. Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@dispensed.com.au. If such efforts prove unsuccessful in the reasonable opinion of Dispensed, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (Notice). The Notice to us should be sent to the following address: L01, 122 Walker St Dandenong 3175 (Address).
b. Arbitration
Except for disputes brought in small claims court or tribunal, all disputes between you and Dispensed arising out of, relating to or in connection with the Site or Services shall be exclusively settled through binding arbitration pursuant to the then-current rules of Victoria for commercial arbitration and subject to the laws of the State of Victoria. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in this Agreement to the contrary, we agree that if Dispensed makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) of which you had already provided Notice to Dispensed. If the arbitration in this clause 24(b) is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in Victoria, Australia. You hereby accept the exclusive jurisdiction of such court for this purpose.
c. Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
General
a. Assignment
You must not assign any rights or obligations under this Agreement, whether in whole or in part, without our prior written consent.
b. Entire Agreement and Severability
The Agreement contains the entire understanding and agreement between you and us in respect of the Site and the Services. If any provision of the Agreement is deemed unenforceable or invalid by a court, this will be deemed to be deleted and will not affect the operation or interpretation of any other provision of the Agreement.
c. Governing Law
The Agreement are governed by the laws of the State of Victoria. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.
In these Terms and Conditions, unless otherwise indicated:
Agreement means these Terms of Use and the Privacy Policy.
Australian Consumer Law means the law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth);
Dispensed Platform refers to the platform upon which a person can access consultations with Health Practitioners and receive prescribed products from our Partner Pharmacies (as defined in clause 2).
User (you, your) refers to a person who accesses or uses the Dispensed Platform or Site;
User Content means any and all information and content that a User submits to, or uses with, the Site or Services, including without limitation, content in the User’s profile, User reviews and/or postings;
Site refers to https://www.dispensed.com.au/ and any other digital media and service platforms, including Dispensed Platform used by Dispensed to provide its Services.
Dispensed Pty Ltd (Dispensed, us, we, or our) own and operate the Site. Access to and use of the Site and Dispensed’s services facilitated through the Site (collectively, Services) is subject to the following terms, conditions and notices (Terms of Use). By using the Services, you are agreeing to all the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.
The Site provides a platform for you to access consultations with medical and other health practitioners (Health Practitioners). Dispensed is not responsible for the advice provided by Health Practitioners and does not make any representations about their expertise or suitability of the advice provided, or not provided. The Site may also provide you with access to independent pharmacies which may dispense products prescribed or recommended by a Health Practitioner (Partner Pharmacies). Dispensed is not responsible for the quality or suitability of products and services provided by the Partner Pharmacies.
Amendment of the Terms of Use
Dispensed reserves the right to amend the Terms of Use at any time. Any changes will be published on the Site. Amendments will be effective upon publication on the Site. Your continued use of the Site represents an agreement to be bound by the amended Terms of Use.
Privacy policy
Dispensed’s privacy policy (Privacy Policy) which is available [https://www.dispensed.com.au/privacy-policy], sets out how we will collect, use, disclose and store your personal information. By providing personal information to us via this Site, Dispensed Platform or otherwise, you consent to the collection, use, disclosure and storage of your personal information in accordance with the Privacy Policy, as amended from time to time. The terms of the Privacy Policy are hereby incorporated into these Terms of Use.
Intellectual property
a. Apart from any use permitted under the Copyright Act 1968 (Cth) you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute content on the Site in any way except as expressly provided for on the Site or expressly authorised in writing by Dispensed. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material available on the Site.
b. Excluding User Content, you acknowledge that all the intellectual property rights in the Site and Services are owned by Dispensed or Dispensed’s licensors. The provision of the Site and Services does not transfer to you or any third party, any rights, title, or interest in or to such intellectual property rights.
c. Dispensed Pty Ltd. Dispensed™; the Dispensed logo; “Dispensed” and any other registered or unregistered trade marks of Dispensed (collectively, Marks) are trade marks of Dispensed Pty Ltd. You acknowledge and agree that you are not permitted to use the Marks or any third-party marks displayed on our Site without prior written consent from, respectively, Dispensed Pty Ltd or the owners of such third-party marks.
Eligibility
You must be, and you warrant that you are, 18 years of age to use the Site and Dispensed Platform within Australia.
Accounts
a. In order to use certain features of the Site (e.g., the Dispensed Platform), you must register an account with Dispensed (Dispensed Account). You will be prompted to provide information about yourself, including personal information as defined in section 6 of the Privacy Act 1988 (Cth) (Registration Information) in the Dispensed Account registration form. You represent and warrant that:
(i) all required Registration Information you submit is complete and accurate; and
(ii) you will maintain the completeness and accuracy of Registration Information at all times.
b. You may not create more than one Dispensed Account.
c. Dispensed may suspend or terminate your Dispensed Account in accordance with these Terms of Use.
d. Subject to clauses 14(e) and 15, you may delete your Dispensed Account at any time, for any reason, by sending an email to support@Dispensed.com.au which includes your Dispensed Account email, full name and your request to delete your account.
e. You are responsible for maintaining the confidentiality of your Dispensed Account login information and are fully responsible for all activities that occur under your Dispensed Account. You agree to immediately notify Dispensed of any unauthorised use, or suspected unauthorised use, of your Dispensed Account or any other breach of security. Dispensed cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
f. We may permit you to login to the Site or Dispensed Platform or otherwise associate your Dispensed Account with your login credentials from certain social networking sites (SNS) (for example, Facebook and Twitter). We may receive information about you from a SNS, in accordance with the terms and conditions of the applicable SNS.
Access and Use of the Site
a. License
Subject to the terms of this Agreement, Dispensed grants you a non-transferable, non-exclusive license to use the Site and Services for your personal, non-commercial use. Subject to the terms of this Agreement, Dispensed grants you a non-transferable, non-exclusive license to install and use the software Dispensed makes available for mobile devices (Mobile App), in executable object code format only, solely on your own handheld mobile device and for your personal, non-commercial use. As used in this Agreement, the term “Services” includes the Mobile App.
b. You agree not to:
(i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data;
(ii) send unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
(iii) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
(iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks;
(v) harass or interfere with another User’s use and enjoyment of the Site or Services;
(vi) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services;
(vii) submit any false, incorrect or misleading information through your usage of the Site;
(viii) reproduce, duplicate, copy or re-sell any part of our Site or content, including graphics, icons, logos and service names;
(ix) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services;
(x) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services;
(xi) access the Site or Services in order to build a similar or competitive service;
(xii) access without authority, interfere with, damage or disrupt any part of our Site, including:any equipment or network on which our site is stored;any software used in the provision of our site; and/orany equipment, network or software owned by any third party.
Modification
Dispensed reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that Dispensed will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.
Communications
Text message
a. Where you have provided us with your phone number, you agree that Dispensed and those acting on its behalf may send you text messages (SMS). Standard SMS charges applied by your cell phone carrier will apply to SMSs we send. Your agreement to receive promotional texts is not a condition of any purchase or service offered by Dispensed. If you change or deactivate the phone number you provided to Dispensed, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. You agree that texts, calls, or pre-recorded messages may be generated by automatic telephone dialling systems.
b. You may opt-out of receiving all SMSs from Dispensed at any time by deleting your account or by replying STOP to any text message from Dispensed. NOTE: opting-out of receiving all SMSs from Dispensed may limit your ability to use certain Services. You may continue to receive text messages for a short period while Dispensed processes your request, and you may also receive SMSs confirming the receipt of your opt-out request.
c. You may opt back into receiving text messages from Dispensed at any time by notifying Dispensed or by replying START to a SMS from Dispensed.
d. Where you have provided your email address, you agree that we may send you emails concerning our Services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.
User Content
a. You acknowledge and agree that Dispensed is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Dispensed does not assume and will not have any liability or responsibility to you or any other person or User for your use or misuse of any User Content.
b. You agree not to use the Site, Services, or any of Dispensed’s social media pages or channels to collect, upload, transmit, display, or distribute any User Content that:
(i) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(ii) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature; or
(iii) in violation of any law, regulation, or obligations or restrictions imposed by any third-party.
c. You hereby grant, and you represent and warrant that you have the right to grant, to Dispensed an irrevocable, nonexclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services. You agree to irrevocably consent to permitting Dispensed and any respective licensees, assignees and successors in title to infringe any and all moral rights that you may have with respect to your User Content.
d. We reserve the right (but have no obligation) to review any User Content (including any image files or reviews), investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your Dispensed Account, and/or reporting you to law enforcement authorities) if we in our sole discretion suspect that you have violated the any provision of this Agreement, any applicable law or otherwise create liability for us or any other person.
e. Each User of the Site or Services is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content. Dispensed makes no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Users are solely between you and such User. You agree that Dispensed will not be responsible for any loss or damage incurred as the result of any such interactions. Dispensed is under no obligation to become involved or assist in the resolution of disputes between Users.
Feedback
If you provide Dispensed any feedback or suggestions regarding the Site or Services (Feedback), you hereby assign to Dispensed all rights in the Feedback and agree that Dispensed shall have the right to use such Feedback and related information in any manner it deems appropriate. Dispensed will treat any Feedback you provide to Dispensed as non-confidential and non-proprietary. You agree that you will not submit to Dispensed any information or ideas that you consider to be confidential or proprietary.
Third Parties
a. Third-party interactions
During use of the Site or Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers including practitioners (including Health Practitioners), pharmacies (including Partner Pharmacies), advertisers or sponsors showing their goods and/or services through the Service. Dispensed is not a party to any transaction that you may enter into with a third party. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third party. Dispensed shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction, or promotion between you and any such third-party. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.
b. Third-party materials
The Site or Services may display, include, or make available third-party content (including data, information, articles, applications or other products, services and/or materials) or contain links to third party websites, services, and advertisements for third parties (Third-Party Materials). You acknowledge and agree that Dispensed is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Dispensed does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk. When you link to a Third-Party Material, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you find necessary or appropriate before proceeding with any transaction in connection with such Third-Party Material.
c. Deals
The Site or Services may display, include, or make available coupons, promotional codes, giveaways, samples, and other offers (Deals). Deals constitute Third-Party Materials under these Terms of Use. Dispensed displays these Deals on the Site and Services as a form of advertisement for the third party only. All Deals are offered directly by the applicable third party, and may be subject to additional terms, conditions, or restrictions, whether or not such additional terms, conditions, or restrictions are expressly included on the Site or Services. The relevant third party, and not Dispensed, is solely responsible for:
(i) redemption of the Deal;
(ii) compliance of all aspects of the Deal with applicable law (including without limit, the advertisement, redemption, and terms, conditions and restrictions related thereto);
(iii) all goods and services it provides to you in connection with the Deal;
(iv) and all losses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Deal or not.
d. Release regarding other Users, Third-Party Interactions or Third-Party Materials
to the maximum extent permitted by law, you hereby release and forever discharge Dispensed (and our officers, directors, contractors, employees, agents, successors, and assigns) from, and hereby waive and relinquish your rights with respect to, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Service users, Third-Party Interactions, or Third-Party Materials.
Treatment Plan
a. Consultation cancellations
Your appointment is important to us and is reserved especially for you. We understand that life can sometimes get in the way and changes and cancellations may be necessary. Should you need to make changes to your appointment, please provide a minimum of 24 hours’ notice to allow a Health Practitioner to offer your allocated time to another patient. You will be charged a cancellation fee equal to the cost of the consultation for any missed or cancelled appointments where you have provided less than 24 hours’ notice.
b. Treatment Plan Subscription Consent
Health Practitioners will create a personalised treatment plan for you which may include a prescription medication (Treatment Plan). Subject to availability, any prescribed medication will be dispensed to you in accordance with the Treatment Plan on a subscription basis by way of delivery to your nominated address [on the dates that you select your prescribed medication to be dispensed and dispatched to you] (Treatment Pack). For the avoidance of doubt, Treatment Packs are part of, and included in, your Treatment Plan. By subscribing to our Services, you agree:(i) Subscription Fee: Dispensed charges you a [monthly] fee for your Treatment Plan (Subscription Fee) which will be notified to you [by email/SMS/ in your Dispensed Account] after [the Health Practitioner issues your prescription for products and the products are confirmed to be available through Partner Pharmacies]. Dispensed will automatically deduct the Subscription Fee on [the first business day of each month] from your nominated bank account [specified in your Dispensed Account].
(ii) Delivery of Treatment Packs: Your Treatment Pack will be dispatched by a Partner Pharmacy in accordance with their respective terms and conditions and other relevant policies. The Partner Pharmacy will endeavour to dispatch your Treatment Pack [the following business day] after your Subscription Fee is made. You will be notified by [email/SMS/sending a notification on your Dispensed Account] [before/after] Treatment Pack is dispatched. Our Partner Pharmacies deliveries require a signature upon acceptance. Please ensure you have allocated a delivery address where someone will be available to sign for your delivery between the hours of 9am–5pm, Monday to Friday. Prescription products cannot be given an authority to leave direction. If no one is present to sign for your products, your package will be taken to the nearest post office for collection and a card with collection instructions will be left at your address.
(iii) Follow-up Consultations: To ensure the effectiveness and appropriateness of your Treatment Plan, you are required to schedule and attend follow-up consultations at least every six (6) months. These follow-up consultations are essential for monitoring your progress, adjusting your Treatment Plan as necessary, and ensuring the continued suitability of the prescribed medical products. By subscribing to our Services, you acknowledge that you understand and accept the requirement for follow-up consultations every six (6) months to continue receiving our Services.
c. Modifications to the Treatment Plan
Your Treatment Plan may be modified based on the outcomes of your follow-up consultations and any changes in your medical condition. Any changes to your Treatment Plan will be communicated to you, and you will have the opportunity to discuss and agree to these changes with your Healthcare Provider. Your current Treatment Plan will apply unless otherwise advised by the Health Practitioner, and until you and the Health Practitioner will finalise the new Treatment Plan (New Treatment Plan). The Subscription Fee will be adjusted to reflect the New Treatment Plan and will become effective and payable [from the month following the latest delivery of Treatment Plan].
d. Prescription Compliance Acknowledgement
You acknowledge and agree that, where a Treatment Plan includes a prescription for medications, the Health Practitioner will issue such prescriptions in compliance with the applicable laws, regulations and requirements governing prescriptions in the State of Victoria. You further acknowledge and agree that prescriptions issued in accordance with the Victorian laws, regulations and requirements may not comply with the legal or regulatory requirements of other jurisdictions. The Health Practitioner retains sole discretion to determine whether to re-issue a prescription in accordance with the laws, regulations and requirements of any other jurisdiction.
e. Choice of Pharmacy
We work with partner pharmacies that we may recommend you use to dispense any medication that a registered health practitioner prescribes you following your use of the Services. We may recommend that you use a partner pharmacy as we have a good working relationship with those partner pharmacies and are aware of the stock that they hold from time to time. We may recommend a partner pharmacy to you based on the medication you are prescribed and your geographic location to facilitate timely delivery of your medication by that recommended pharmacy.You are not required to use a partner pharmacy and you can, at any time, request that we provide you with a copy of your prescription for you to attend and present to any pharmacy of your choice. We cannot guarantee that your selected pharmacy will have your prescribed medication in stock, or be able to obtain and dispense your medication in a timely manner. If your selected pharmacy requires that we provide a copy of any approval letters issued to the Dispensed registered health practitioners, we may charge you an administration fee to collate the requested documents, redact all personal information of the registered health practitioner from the documents and deliver the documents to your selected pharmacy. We will notify you of the estimated administration fee and seek your approval prior to undertaking the work, if applicable.
f. Damaged or Incorrect Products in Treatment Packs: Please contact Dispensed within 3 days of receiving the Treatment Pack if:
(i) the products in the Treatment Pack arrived damaged; or
(ii) the Treatment Pack contains products that are not in accordance with your Treatment Plan.You may be required to provide us with an image of the damaged or incorrect product in order to process a refund or replacement. The cost of freight will be covered for these returned products.
g. Termination of Services
You may terminate the Services at any time by giving us written notice by sending us an email to support@dispensed.com.au [or by following the prompts on your Dispensed Account] (Termination Request). If we have received your Termination Request at least [2 business days] before the next Subscription Fee is paid, you will not be charged the upcoming Subscription Fee, and your next Treatment Pack will not be dispensed by the Partner Pharmacy. In addition to termination rights in clause 15, failure to schedule and attend the required follow-up consultations may result in the suspension or termination of your subscription to the Services.
Term and Termination
a. Subject to this clause, this Agreement will remain in full force and effect while you use the Site or Services.
(i) We may suspend your rights to use the Site and/or Services (including your Dispensed Account); or
(ii) terminate this Agreement,at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your Dispensed Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your Dispensed Account involves deletion of your User Content associated therewith from our Site, Services, and live databases. Dispensed will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Dispensed Account or deletion of your User Content. [If we terminate the Agreement before the next Subscription Fee has been paid, then we will not charge that Subscription Fee. However, if we terminate the Agreement after the next Subscription Fee has been charged for the month and the Treatment Pack has not been dispatched to you yet, then we will refund you that Subscription Fee].
b. Even after this Agreement is terminated, the provisions of this Agreement which are capable of operating will remain in effect.
Disclaimers
a. Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy.
b. All information contained on the Site and about the Services is for informational purposes only and is not a substitute for medical or health practitioner consultation.
c. Dispensed is not responsible for your relationship with any Health Practitioners, Partner Pharmacies, third parties, or other Users of the Site or Services.
d. Dispensed is not obliged to screen third parties (including Health Practitioners and Partner Pharmacies) to determine whether they are qualified or authorised by law to provide their services or to determine the accuracy of the information they provide.
e. Any information accessed through the Site and Services, or within any of Dispensed’s social media pages or channels is for informational and educational purposes only, and is not intended to be a substitute for medical advice, diagnosis, or treatment.Liability and
Indemnity
a. In this clause 17, a reference to Dispensed includes its related bodies corporate, officers, directors, contractors, employees and agents.
b. You agree to indemnify and hold Dispensed harmless from any and all losses (including reasonable legal costs and expenses) or liabilities incurred by Dispensed arising from any claim, demand, suit, action or proceeding by any person against Dispensed arising from, in connection with or in respect of:
(i) your breach of the Agreement, including a breach of any representations or warranties that you make pursuant to this Agreement; or
(ii) your publication or distribution of any material or information about, or in relation to, the Site and/or Services.
c. To the maximum extent permitted by law, and subject to clause 17(d) of these Terms of Use, Dispensed’s maximum aggregate liability to any User, whether arising under contract, in tort (including negligence), under statute, in equity or otherwise at law, shall not exceed the Subscription Fee paid by you in the six (6) months preceding the event giving rise to the loss or liability.
d. Notwithstanding anything in the Agreement, Dispensed will not be liable to any User or third party, whether arising under contract, in tort (including negligence), under statute, in equity or otherwise at law, for any indirect or consequential loss or damage, including, but not limited to loss of profit, loss of revenue, loss of business or contracts, business interruption, special damages or pecuniary loss, or loss of data, whether or not such loss or damage was in the reasonable contemplation of the parties at the time of entering into the Agreement.
Jurisdiction
This Agreement is governed by the laws of the State of Victoria, Australia. We make no representation that the Site and Services comply with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.
Dispute Resolution
a. Pre-Arbitration dispute resolution
We are always interested in resolving disputes amicably and efficiently. Attempts to informally resolve any dispute must be exhausted before any formal legal proceedings or arbitrations may be commenced. Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@dispensed.com.au. If such efforts prove unsuccessful in the reasonable opinion of Dispensed, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (Notice). The Notice to us should be sent to the following address: L01, 122 Walker St Dandenong 3175 (Address).
b. Arbitration
Except for disputes brought in small claims court or tribunal, all disputes between you and Dispensed arising out of, relating to or in connection with the Site or Services shall be exclusively settled through binding arbitration pursuant to the then-current rules of Victoria for commercial arbitration and subject to the laws of the State of Victoria. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in this Agreement to the contrary, we agree that if Dispensed makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) of which you had already provided Notice to Dispensed. If the arbitration in this clause 24(b) is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in Victoria, Australia. You hereby accept the exclusive jurisdiction of such court for this purpose.
c. Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
General
a. Assignment
You must not assign any rights or obligations under this Agreement, whether in whole or in part, without our prior written consent.
b. Entire Agreement and Severability
The Agreement contains the entire understanding and agreement between you and us in respect of the Site and the Services. If any provision of the Agreement is deemed unenforceable or invalid by a court, this will be deemed to be deleted and will not affect the operation or interpretation of any other provision of the Agreement.
c. Governing Law
The Agreement are governed by the laws of the State of Victoria. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.