Terms & Conditions
Cat and Claudia’s Community Pharmacy ATF Broadway Pharmacy Trust
WEBSITE TERMS OF USE & PRIVACY POLICY
The online pharmacy website (Site) is operated by Cat and Claudia’s Community Pharmacy ATF Broadway Pharmacy Trust. It is available at: catandclaudias.com.au and may be available through other addresses or channels. The underlying software that powers the Site is developed and maintained by Rival Software. Both Cat and Claudia’s Community Pharmacy ATF Broadway Pharmacy Trust and Rival Software Pty Ltd together provide the ordering solution, and are referred to as we, our or us.
1. Consent:
1.1. You agree to these terms of use and our Privacy Policy (contained within these terms) (Terms). These terms and conditions are in addition to the general website terms and conditions, and specifically relate to the purchasing of electronic prescriptions through our platform. Please read these Terms carefully and immediately cease using our Site if you do not agree to them.
1.2. You consent to Cat and Claudia’s Community Pharmacy ATF Broadway Pharmacy Trust and Rival Software Pty Ltd collecting, using and disclosing your electronic prescription data for the purposes of fulfilling your order.
2. Overview:
2.1. The site allows you to purchase a range of scheduled and non-scheduled pharmaceutical products from Cat and Claudia's Community Pharmacy.
2.2. The site also allows you to book services offered by Cat and Claudia's Community Pharmacy in their stores
3. Privacy & Service:
3.1. Background
3.1.1. The Privacy Act 1988 defines personal information as “information or an opinion about an identified individual, or an individual whois reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not”. Information is identifiable if the relevant person can be identified. Name, email and phone number are examples.
3.2. We provide a platform which allows you to order prescription medication. For prescription orders, you will be required to supply:
3.2.1. a valid e-script token, and;
3.2.2. the patient's name, and;
3.2.3. patient contact information
3.3. We require this information to safely dispense medication inAustralia’s states and territories. If you refuse to provide this information, we will be unable to provide you with your medication.
3.4. Disclosure of personal information
3.4.1. The law, including the Privacy Act 1988, protects personal information.
3.4.2. We must not disclose personal information to any other person, body or agency, or use personal information, for a purpose other than the purpose for which it was collected (primary purpose) unless:
a) the individual provides permission and the purpose for which it is being used or disclosed is (where the information being used or disclosed is sensitive information) directly related to the primary purpose or (where the information being used or disclosed is not sensitive information) related to the primary purpose;
b) it is authorised or required by law; or
c) it meets one of the other exceptions in the Australian Privacy Principles (APPs).
3.4.3. We will disclose this information to the Cat and Claudia's Community Pharmacy responsible for dispensing your medication, for the purposes of fulfilling your order.
3.4.4. Privacy legislation (Health Records Information Privacy Act 2002) and principles for health professionals permit the sharing of patient health record information without the patient’s consent in cases such as this, where the disclosure of the information is reasonably believed to be necessary to lessen or prevent a serious and imminent threat to the life, health or safety of the individual or another person, or to prevent a serious threat to public health or public safety.
3.5. Storing information
3.5.1. We must destroy or de-identify personal information that you no longer need for the purpose for which it was collected, unless the law requires us to do so.
3.5.2. In NSW, all records of prescriptions dispensed must be retained for two years from the date of dispensing and must be kept on the premises where the prescription was dispensed.
3.6. Security of personal information
3.6.1. We are required under APP 11 to protect personal information from misuse, interference, loss and unauthorised access, modification or disclosure.
3.6.2. We only allow authorised staff to access the personal information that is held in connection with an electronic prescription and keep an audit trail of all access to personal information.
3.6.3. We cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.
3.7. Patient access to personal information
3.7.1. If you request a copy of your personal information, we must provide it in a timely manner, unless it is prohibited under legislation or another exception in APP 12.3 applies.
3.7.2. Should you wish to view or change the information we have collected, or wish to have this information deleted at some point in the future, you will be required to contact privacy@catandclaudias.com.au
3.8. Cookies and web beacons
3.8.1. We may use cookies on our Site from time to time. Cookies are text files placed in your computer's browser to store your preferences.Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our Site with personal information, this information may be linked to the data stored in the cookie.
3.8.2. We may use web beacons on our Site from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a webpage to monitor the visitor’s behaviour and collect data about the visitor’s viewing of a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.
3.9. Links to other websites
3.9.1. Our Site may contain links to other websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.
3.10. We reserve the right, at our discretion, to refuse to dispense medication. In such an event, we will provide a full refund.
3.11. It is your responsibility to ensure that the correct script and token has been submitted.
4. Variations:
4.1. We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.
5. Licence to use our Site:
5.1. We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.
6. Refund and Returns Policy:
6.1. Our returns policy is in addition to your rights under the Australian Consumer Law
6.1.1. Change of Mind: we will exchange most products within 14 days of purchase date, provided that:
a) You provide a receipt, and;
b) The product and packaging are in its original condition including all manuals and accessories, and;
c) The product is in re-saleable condition, and;
d) The product has not been used or damaged. Exchanges or refunds for change of mind cannot be offered for:
• Gift cards and vouchers
• Baby formulas
• Pharmacy Only medicines (S2)
• Pharmacist Onlymedicines (S3)
• Prescription Medicines
• Vitamins and nutritional supplements
• Underwear and hosiery
• Earrings
• Special and custom orders
6.1.2. Consumer Guarantees: Cat and Claudia's Community Pharmacy will accept any product returns and provide our customers with exchange or refund where:
a) The product is faulty or is not of acceptable quality, or
b) The product is not fit for its intended purpose, or
c) The product does not match the sample or our description, and
d) The customer can present a receipt or other adequate proof of purchase
6.1.3. Cat and Claudia's Community Pharmacy may return the product to the manufacturer to determine the nature of the problem.
6.1.4. Cat and Claudia's Community Pharmacy reserves the right not to offer an exchange or refund where the item fault is a result of misuse or neglect. We reserve the right to assess the condition and age of returned goods prior to providing an exchange or refund.
6.1.5. If an order is returned to Cat and Claudia's Community Pharmacy by a courier as it was deemed undeliverable, the order will be refunded minus the postage.
6.1.6. Damaged Goods: Even though great care is taken in the shipping process, if your order arrives damaged, you must contact our team within 48 hours of receiving your order. You will be requested to provide your order details with photographic evidence of your parcel including the damaged goods, which may require being returned. If we approve your claim, we will exchange the product(s) for the same item or if the product is no longer available, we will send a similar product of the same or similar value if you are satisfied.
7. Prohibited conduct:
7.1. You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):
7.1.1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
7.1.2. using our Site to defame, harass, threaten, menace or offend any person;
7.1.3. interfering with any user using our Site;
7.1.4. tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
7.1.5. using our Site to send unsolicited email messages; or
7.1.6. facilitating or assisting a third party to do any of the above acts.
8. Exclusion of competitors:
8.1. You are prohibited from using our Site, including the Content, in any way that competes with our business.
9. Information:
9.1. The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
10. Intellectual Property rights:
10.1. Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:
10.1.1. copy or use, in whole or in part, any Content;
10.1.2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
10.1.3. breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.
11. User Content:
11.1. You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.
11.2. You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:
11.2.1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
11.2.2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
11.3. We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
12. Third party sites:
12.1. Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.
13. Discontinuance:
13.1. We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
14. Warranties and disclaimers:
14.1. To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:
14.1.1. they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
14.1.2. access will be uninterrupted, error-free or free from viruses; or
14.1.3. our Site will be secure.
14.2. You read, use and act on our Site and the Content at your own risk.
15. Limitation of liability:
15.1. To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption toor outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.
16. Indemnity:
16.1. To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
17. Termination:
17.1. These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
18. Disputes:
18.1. In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
19. Severance:
19.1. If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
20. Jurisdiction:
20.1. Your use of our Site and these Terms are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
20.2. Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
For any questions and notices, please contact us at:
Cat and Claudia’s Community Pharmacy ATF Broadway Pharmacy Trust
Post: PO BOX 206 Broadway 2007
Phone: +61 2 9281 6816
Email: enquiries@catandclaudias.com.au