Thank you
for visiting our giantchemistharbourtown.com.au website (“our website”).
Giant
Chemist Harbour Town (“We/Our”) is one of Australia’s largest pharmacies
located at Harbour Town on the Gold Coast with all online orders being picked,
packed and fulfilled on site. Our website is designed to provide a convenient,
private and informative shopping experience for our customers to purchase
products to assist in the maintenance of good health and beauty and to assist
in the prevention of future illness. Our website is accessible 24 hours a day,
7 days a week, so that our giantchemistharbourtown.com.au online store offers
an easy and convenient method of ordering pharmaceutical and health and beauty
products online.
Giant
Chemist Harbour Town (GCHT) wants each of our visitors (“you”) to our website
to have a safe and pleasant experience and so we have formulated the following terms
and conditions so that we both know what to expect from each other. By using
our website, you agree to be bound by these terms and conditions. Please read
them carefully. Your usage of our website confirms your acceptance of these
terms and conditions. Your placement of an order also confirms your acceptance
of these terms and conditions.
By
accessing and using our website you agree to the following:
The information contained on our website or on the product packaging listed
within our website is not intended nor suggested to be a substitute for
professional medical advice. Professional advice is required for each medical
condition, illness, disease, infection, injury or health and beauty treatment
and for dosages and applications of pharmaceutical products and health and
beauty products supplied via our website. Always seek the advice of your
pharmacist, general practitioner, other medical practitioner or qualified
health and beauty provider with any questions you may have regarding yours or
any other party’s medical condition before starting any new medical treatment,
continuing any medical treatment or undertaking any health and beauty
treatment.
Information on Website
Any
information contained on the Giant Chemist Harbour Town (GCHT) website is for
general information purposes only. Our users acknowledge that the information
available on our website may be modified, updated or replaced by GCHT from time
to time without notice. GCHT does not warrant that the information contained on
the website is accurate, complete, up to date, or without viruses and errors,
or complies with any legislation or regulations other than those in Australia.
GCHT shall have no liability with respect to any claims arising from using the
information on our website however it may arise.
Security and Privacy
You
acknowledge that access to our website may be monitored and tracked by GCHT by
the use of cookies. GCHT does not sell, rent or give away our user’s
information (including phone numbers and email addresses). All information is
highly respected and is only used to assist GCHT in providing you with valued
services. GCHT will not disclose personal information about you or your
browsing habits to any other third party, unless you give GCHT express
permission to do so, or unless required to do so by law. GCHT may disclose
aggregated information about our users in general, including statistics related
to our website to others, but in so doing, we will not disclose information
about any particular individual. Notwithstanding the above, you acknowledge
that transmissions to and from this website may be monitored, intercepted or
modified by other parties.
Copyright and Trademarks
This
website, and the information, images and text on the website, are copyright.
You may download the information, images and text as incidentally necessary to
enable proper access to our website. Other than for use as authorised in our
terms or as approved by GCHT in writing, our users may not retain, copy,
reproduce, modify or distribute any information, images or text on the website
for any purpose. Trademarks used on this site to describe companies and their
products are the trademarks of those companies or the registered proprietor of
the relevant trademark and may not be copied, downloaded, reproduced, modified,
or distributed in any way without prior permission.
Linking and Framing
Links to
external sites from this website are provided for your convenience and
information only. GCHT does not endorse or make any warranty with respect to
such external sites.
Website Availability
GCHT does
not warrant that our website will be accessible at any time. Users acknowledge
that our website may be inaccessible for a number of reasons, including due to
matters beyond GCHT’s control, and shall not hold GCHT responsible in respect
of any claims arising from accessibility issues. GCHT does not warrant that our
users’ access to our website will meet any particular performance expectations.
Item Availability and Catalogues
From time
to time some items on our website may be out of stock. During such times please
contact us visa our website or call (07) 5529 3444 and we can advise when the
item will be back in stock. On occasion, not all items displayed in our
catalogues will be available to purchase on the Giant Chemist Harbour Town
website.
No Liability
To the
maximum extent permissible by law, and subject to the provisions of the
Competition and Consumer Act 2010 (Commonwealth) GCHT will not be liable in
respect of any loss or damage, however caused, to any person or property
resulting from access to, or use of, this website or the information contained
on this website. If we are found to be liable, our liability will be limited to
the cost of supplying product/ information again.
Disclaimer and Limitation of Liability for Products Sold.
Except as
expressly stated herein, Giant Chemist Harbour Town makes no representations or
warranties, either express or implied, of any kind with respect to products
sold on our website. Except as expressly stated herein, GCHT expressly
disclaims all warranties, expressed or implied, of any kind with respect to products
sold on our website, including, but not limited to merchantability and fitness
for a particular purpose except for the “consumer guarantees” outlined in the
Australian Consumer Law (found at www.accc.gov.au). You agree that the sole and
exclusive maximum liability to GHCT arising from any product sold on our
website shall be the price of the product ordered. In no event shall GCHT, its
directors, officers, employees and representatives be liable for special,
indirect, consequential or punitive damages related to product sold.
TO THE
FULL EXTENT PERMITTED UNDER THE LAW WE HEREBY EXCLUDE ALL WARRANTIES AND
CONDITIONS NOT EXPRESSLY SET OUT HEREIN - EXCEPT AS SPECIFICALLY SET FORTH IN
ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE
PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO
THIS AGREEMENT. NO WRITTEN NOR ORAL INFORMATION OR ADVICE OFFERED BY US, OUR
RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL ESTABLISH A WARRANTY OR
IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN, AND YOU SHOULD
NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
1. Our
total aggregate liability to you for any claim in contract, negligence, tort or
otherwise arising out of or in connection with the provision of our Services
shall be limited to the charges paid by you in respect of the Services which
are the subject of any such claim and provided that you notify us of any such
claim within six months of it arising.
2. In no
event shall we be liable to you for any loss of business, contracts, profits or
anticipated savings or for any other indirect or consequential or economic loss
whatsoever.
Please
note:
In the
event that this agreement constitutes a supply of goods or services to a
consumer as defined in any national, State or Territory legislation (the Acts)
nothing contained in this agreement excludes, restricts or modifies any
condition, warranty or other obligation in relation to this agreement and the
goods and you - where to do so is unlawful. To the full extent permitted by
law, where the benefit of any such condition, warranty or other obligation is
conferred upon you pursuant to any of the Acts, our sole liability for breach
of any such condition, warranty or other obligation, including any
consequential loss which you may sustain or incur, shall be limited (except as
otherwise specifically set forth herein) to:
a. in
relation to goods
i. the
replacement of the goods or the supply of equivalent goods or payment of the
cost of replacing the goods or acquiring equivalent goods; or
ii. the
repair of the goods or payment of the cost of having the goods repaired;
b. in
relation to services
i. the
supplying of the services again; or
ii. The
payment of the cost of having the services supplied again as in each case we
may elect.
The Obligations of Our Users
Products on our website are only available for sale to persons aged 18 years
or older. When placing an order with us for any product you warrant that you
are at least 18 years of age and have all necessary authority to enter into a
binding legal contract to purchase the product in question, including any and
all necessary authorities to allow us to debit the credit cards, bank accounts
or finance facilities provided. Giant Chemist Harbour Town (we) will presume
that anyone at the delivery address who receives the goods will be authorised
to receive the goods. If your goods include products in respect of which the
law prescribes a minimum age for purchase, you must be over the age of 18 years
(or such other minimum age as is prescribed by the law), and you must ensure
that a person over that age is available to accept delivery of the goods. We
may refuse to deliver the goods if the person receiving the goods is unable or
unwilling to provide evidence of proof of age. If there is no-one at the
delivery address or no-one of appropriate age to receive the order, we may
charge you additional delivery fees. Once the goods are delivered to you, you
will own them and it is your responsibility if they are lost or damaged. We
reserve the right to restrict sales to retail quantities when supplying
resellers and distributors.
You must not:
1. Use our website in breach
any laws or infringe any third party’s rights, or mail to, or transmit via this
website anything which interferes with other users on our website;
2. Knowingly transmit any
viruses or similar disabling or malicious code to our website;
3. Make any fraudulent
enquiries or requests via our website;
4. Post or transmit any
obscene, indecent, inflammatory or pornographic material that may offend any
person;
5. Interfere with, or
restrict the operation of our website;
6. Violate the security of
any computer, or other network, or engage in illegal conduct via or through the
use of our website; or
7. Otherwise use our website
except in accordance with these terms and conditions.
Disclaimer for Use of Site
Under no
circumstances shall we or any other party involved in creating, producing, or
distributing our website be liable for any direct, indirect, incidental,
special, or consequential damages for loss of profits, goodwill, use, data or
other intangible losses (even if we have been advised of the possibility of
such damages) that result from (i) the use of or inability to use our website
(ii) the cost of procurement of substitute goods and services resulting from
any data, information or services purchased or obtained or messages received or
transactions entered into through or from our website (iii) unauthorised access
to or alteration of your registration information, transmissions or data (iv)
statements or conduct of any third party on our website (v) negligent or wilful
acts of Giant Chemist Harbour Town, its directors, officers, employees and
representatives or (vi) any other matter relating to our website.
You agree
to indemnify and hold Giant Chemist Harbour Town and our directors, officers,
employees and representatives harmless from any claim or demand, including
reasonable legal fees, made by you or any third party due to, or arising out of
the Content you submit, post to or transmit through the site, your use of our
website, your connection to our website, your violation of the Terms of Use, or
your violation of any rights of another.
Your Account Obligations
In
consideration of your use of our website, you agree to:
a. Provide true, accurate, current and
complete information about yourself as prompted by our website registration and
b. Maintain and promptly update your
registration information to keep it true, accurate, current and complete.
If you
provide any information that is untrue, inaccurate, not current or incomplete,
or we have reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, we may suspend or terminate your
registration and refuse any, and all current and future use of our website. You
may access the personal information you have provided to Giant Chemist Harbour
Town through our website by viewing your account details as contained within
our website where you may change and update your personal information which you
have provided.
You are
responsible for maintaining the confidentiality of your password and
registration and are fully responsible for all activities that occur under your
password and registration. You agree to immediately notify us of any
unauthorised use of your password or account or any other breach of security.
Giant Chemist Harbour Town considers this registration information private. The
information is kept on a secure server to protect it from outside parties. We
use the information only for the limited purposes of processing your orders,
for statistical purposes to improve our website and services to you, to
administer our website, and to notify you of products or special offers that
may be of interest to you.
Order Acceptance Policy
Your
receipt of an electronic or other form of order confirmation does not signify
our acceptance of your order, nor does it constitute confirmation of our offer
to sell. Giant Chemist Harbour Town reserves the right at any time after
receipt of your order to accept or decline your order for any reason. Giant
Chemist Harbour Town reserves the right at any time after receipt of your
order, without prior notice to you, to supply less than the quantity you
ordered of any item. We may require additional verifications or information
before accepting any order.
Giant
Chemist Harbour Town shall have the right to refuse or cancel any orders placed
through our website for product listed at the incorrect price. GCHT shall have
the right to refuse or cancel any such orders whether or not the order has been
confirmed and your credit card charged, if your credit card has already been
charged for the purchase and your order is cancelled GCHT shall immediately
issue a credit to your credit card account in the amount of the incorrect
price.
Typographical Errors
In
circumstances where a product appears at an incorrect price because of
typographical error or incorrect pricing from our suppliers GCHT reserves the
right to refuse to supply any orders received for incorrectly priced products.
GCHT shall have the right to refuse or cancel any such orders whether or not
the order has been confirmed and your credit card charged, if your credit card
has already been charged for the purchase and your order is cancelled GCHT
shall immediately issue a credit to your credit card account in the amount of
the incorrect price.
Variation
GCHT may
amend these terms and conditions from time to time. Any amendment will be
effective immediately. Your continued use of the website after any amendment
becomes effective constitutes your agreement to the amended terms and
conditions.
Limited Purchase Quantities
The Giant
Chemist Harbour Town website reserves the right to check and restrict the
purchase quantities of products at its sole discretion. GCHT reserves the right
to limit sales to a non-commercial amount at its sole discretion. In such cases
GCHT will reduce product(s) to what CGHT considers a non-commercial quantity.
Any commercial size quantities should be requested by email through our contact
details on our website.
Applicable Law
As far as
legally possible this Agreement, its terms and conditions and the use of our
website shall be governed by the laws in existence from time to time in
Australia. Any claim relating to this website, the services provided through the
site, or the content shall be governed by the internal laws of the State of
Queensland and you agree to submit to having the matter dealt with in a court
in Brisbane in the state of Queensland, Australia.
Your Personal Information and Overseas Disclosure
Giant
Chemist Harbour Town stores your personal information in Australia. However,
Giant Chemist may provide some links within our website to websites outside of
the Giant Chemist Harbour Town service. These linked websites are not under the
control of Giant Chemist Harbour Town and we are not responsible for the
conduct of companies linked to our website. Prior to disclosing your personal
information on any other website, we recommend that you examine the terms and
conditions and Privacy Policy of that website.
The Giant Chemist Harbour Town Loyalty Card
Giant
Chemist Harbour Town provides a loyalty club - the Giant Chemist Harbour Town
Loyalty Card. Personal information is collected through our loyalty club in
accordance with this Privacy Policy and the Terms and Conditions of the Loyalty
Card program. Giant Chemist Harbour Town utilise the services of Intellipharm
to store your personal information collected within Australia. Intellipharm
will be provided access to your personal information supplied in order for
Intellipharm to perform the role for which it has been enlisted. Intellipharm
are required to comply with the standards set out in the Privacy Act and have
their own Privacy Policy. Intellipharm will not use or disclose any personal
information for any purpose other than to provide the services for which they
have been enlisted.