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Terms and Conditions


Thank you for visiting our website. e@syscript is a trademark of Pharmacy Alliance Pty Ltd (‘e@syscript’) and we recognize that not all Australians can obtain timely and convenient access to prescriptions and pharmacy items. e@syscript promotes different convenient methods to obtain such items with the assistance of a growing network of Pharmacy Alliance member pharmacies using e@syscript. This Website is accessible 24 hours a day, 7 days a week and also promotes access, via telephone, to one of our member pharmacies using e@syscript during normal business hours.
 
The following terms and conditions provide a framework for the delivery of services from any Pharmacy Alliance member using e@syscript so that our service can meet your expectations. By using the e@syscript website you agree to be bound by the following terms and conditions of the Pharmacy Alliance member pharmacy using e@syscript, so please read them carefully. Your usage of the e@syscript website and placement of an order indicates your acceptance of these terms and conditions.

GENERAL INFORMATION
These Terms of Use constitute the entire Agreement between Pharmacy Alliance e@syscript, member pharmacies using e@syscript and you and govern the use of the e@syscript Website. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

OUR RIGHTS
e@syscript may elect to electronically monitor areas of the Website and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Website; or (iii) to protect our rights or property or the rights of the users, our directors, employees, pharmacy members or third party providers. We are not responsible for screening, policing, editing, or monitoring such Content. e@syscript may terminate your access, or suspend your access to all or part of the Website, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of the parties listed above.

OBLIGATIONS CONCERNING ACCOUNT AND SECURITY INFORMATION
You are responsible for maintaining the confidentiality of your username, 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 unauthorized use of your username, password or account or any other breach of security. Username and Passwords are fully encrypted and are stored on a secure server to protect them from outside parties. Pharmacy Alliance Pharmacy members using e@syscript will use some of your registration information only for the limited purpose of processing your orders. e@syscript may also use some of your registration information 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 suited to or of interest to you.
 
In consideration of your use of the Website, you agree to:
 
•    provide true, accurate, current and complete information about yourself as prompted by the registration form; and
•    maintain and promptly update the 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 the Website.

TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, e@syscript shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Each Pharmacy Alliance Pharmacy member using e@syscript reserves 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 the e@syscript Pharmacy member shall immediately issue a credit to your credit card account in the amount of the incorrect price.

APPLICABLE LAW
As far as legally possible, the terms and conditions and the Use of this E@syscript Website shall be governed by the laws in Victoria, Australia. Any claim relating to the e@syscript Website and the services provided through Pharmacy Alliance members using e@syscript shall be governed by the internal laws of the state of Victoria and you agree to submit to having the matter dealt with in a court in Melbourne in the state of Victoria, Australia.

TERMINATION
Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the e@syscript Website with or without notice. You agree that any termination of your access to the e@syscript Website may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your registration and all related information and files under your registration and bar any further access to such files or the Website. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the e@syscript Website. These terms are effective even if this Agreement is terminated by either party.

ORDERS AND PAYMENT METHODS
Money Orders and Cheques: Pharmacy Alliance members using e@syscript accept money orders, personal cheques and company cheques in $AUD only. Orders are processed upon receipt of a money order or cheque, however goods will not be dispatched until funds are cleared and this may take up to 10 working days. e@syscript Pharmacy members cannot guarantee the availability of a product by the time funds clear or payment is received and this should be taken into account in your purchasing decision. A $20 fee will be charged on all returned cheques. To pay by cheque, please send a copy of your order confirmation and an appropriately signed and dated cheque made out to ‘e@syscript Pharmacy’ and send to E@syscript Pharmacy, Pharmacy Address1, Pharmacy Address 2, State, Postcode.
 
Credit Cards: e@syscript Member Pharmacies accept Visa, MasterCard and American Express and utilise the SecurePay™ payment gateway to facilitate all transactions. There is no surcharge for using Visa or MasterCard but there is a 2.5% surcharge on all transactions using American Express. To speed the processing of your orders, please be sure to provide exact billing address and contact telephone information. Orders will be charged to your credit card upon dispatch and we do not store your credit card details at any point to protect the security and integrity of your card information. In the event that we cannot fulfil your order or some items cannot be shipped, we will refund the difference back to your credit card. These refunds may take several business days to appear on your statement.
 
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. Each Pharmacy Alliance member using e@syscript reserves the right at any time after receipt of your order to accept or decline your order for any reason. Each e@syscript Pharmacy 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. The e@syscript Pharmacy may require additional verifications or information before accepting any order.
 
Pharmacy Alliance, e@syscript and its Pharmacy Members reserve the right to monitor and limit the purchase amounts of products at its sole discretion. In such cases, orders will be reduced to what we consider are safe or non-commercial in quantity.  Likewise, we reserve the right to restrict parcels to international destinations at their sole discretion.

INFORMATION DISCLAIMER
All information contained on the e@syscript Website, including information relating to medical and health conditions, products and treatments, is for informational purposes only and has NO WARRANTY. Any information and statements are not intended to diagnose, treat, cure, or prevent any disease because information is often presented in a summary form and without prior knowledge of the specifics of each individual.
 
The information contained in this Website or in any product packaging is not intended nor is it implied to be a substitute for professional medical advice. Professional advice should be sought in relation to any illness, disease, infection, injury or other medical condition and for dosages of the pharmaceutical product supplied via this Website. Always seek the advice of your Pharmacist, General Practitioner or other qualified health provider when starting any new medical treatment, continuing with medical treatment or with any questions you may have regarding yours or any other party’s medical condition. You take full and total responsibility for what you do with information provided by the e@syscript Website, and any resulting outcomes from your actions.

DISCLAIMER AND LIMITATION OF LIABILITY FOR PRODUCTS SOLD
Except as expressly stated herein, Pharmacy Alliance and its member pharmacies using e@syscript make no representations or warranties, either expressed or implied, of any kind with respect to products sold on the e@syscript Website. Except as expressly stated herein, Pharmacy Alliance and member pharmacies using e@syscript expressly disclaim all warranties, expressed or implied, of any kind with respect to products sold on this Website and supplied by Pharmacy Alliance Members. You agree that the sole and exclusive maximum liability to e@syscript and Pharmacy Alliance Pharmacy Members using e@syscript arising from any product sold on the Website shall be the price of the product ordered. In no event shall Pharmacy Alliance, its Directors, employees, third party I.T contractors or Pharmacy members be liable for special, indirect, consequential or punitive damages related to product sold.

DISCLAIMER FOR USE OF WEBSITE AND ePRESCRIPTIONS
You expressly agree that use of the Website and ePrescriptions is at your sole risk. In no event will Pharmacy Alliance, its Directors, employees, I.T contractors, third-party content providers or Pharmacy members warrant that the Website will be uninterrupted or error-free. In addition, Pharmacy Alliance and Pharmacy members using e@syscript do not make any warranty as to the results that may be obtained from the use of the Website, or use of the information, content, service, ePrescriptions or products provided through the Website.
 
Under no circumstances shall we or any other party involved in creating, producing, or managing the Website be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, good will, 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 the 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 the Website; (iii) unauthorized access to or alteration of your registration information or ePrescription data or ePrescription transmission; (iv) statements or conduct of any third party on the Website; (v) negligent or wilful acts of e@syscript, its Directors, employees, contractors, third-party content providers or Pharmacy members or (vi) any other matter relating to the Website.
 
ePrescription data is provided to Pharmacy Alliance and Pharmacy members using e@syscript from third parties accredited under the Australian Government National eAuthentication Framework around security and ensures they meet all obligations under the Privacy Act 188. All data is encrypted during transmission from your Doctors prescribing software. National repositories have passed independent Security Assessment and Privacy Impact Assessment.
 
You agree to indemnify and hold Pharmacy Alliance, our Directors, employees and I.T contractors 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, store or transmit through the Website or to any e@syscript Pharmacy member, your use of the Website, your connection to the Website, your use of third party ePrescription data, your violation of the terms of use, or your violation of any rights of another.
 
Pharmacy Alliance explicitly disclaims any responsibility for the accuracy, content, or availability of information from third party websites that link to Pharmacy members using e@syscript. Pharmacy Alliance and our pharmacy members cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.

COPYRIGHT AND TRADEMARK NOTICE

This Website and the e@syscript trademark and brand is owned and operated by Pharmacy Alliance Pty Ltd. Unless otherwise specified, all material appearing on this Website, including the text, Website design, logos, graphics, icons and images, photographs, audio, graphics, typefaces and other material as assembled and arranged is subject to applicable copyright laws. All software used on the Website is the sole property of Pharmacy Alliance Pty Ltd and its software partners, and maybe protected in all forms, media and technologies which exist now or are developed in the future. Copyright © 2013, ALL RIGHTS RESERVED.
 
You may use the content of this Website only for the purpose of shopping on this Website or placing an order on this Website or for aggregating or sending ePrescription orders and for no other purpose. No materials from this Website may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without the written permission of Pharmacy Alliance Pty Ltd. All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on this Website may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.