Terms and Conditions

The following provisions govern your use of www.health365.com.au (the “Health365 Website”) and all other services made available to you through the Health365 Website. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE HEALTH365 WEBSITE.

The Health365 Website is operated by PharmaCare Laboratories Pty Ltd (ACN 003 468 219) (“PharmaCare”), 18 Jubilee Avenue, Warriewood NSW 2102 Australia. By using the Health365 Website, you agree to be bound by these Terms and Conditions, which constitute a contract between you and PharmaCare. PharmaCare reserves the right to revise and update these Terms and Conditions at any time. By your continued use of the Health365 Website, you agree to be bound by any revised Terms and Conditions. DO NOT USE THE HEALTH365 WEBSITE FOR MEDICAL EMERGENCY SERVICES. FOR EMERGENCIES CALL 000 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.

These Terms and Conditions are governed by the laws of the State of New South Wales, Australia as may be in force from time to time. By using the Health365 Website, you consent to resolve in the State of New South Wales, Australia, any dispute that you may have with Health365, its suppliers or any other legal entity appearing in the Health365 Website.

Please carefully read the Health365 Privacy Policy as it forms part of these Terms and Conditions.

About this Website

We strive to provide valuable and accurate health information. The editors of the material contained in the Health365 Website have consulted sources believed to be reliable in their efforts to provide information that is correct at the time of publication. However, in view of the possibility of error by the authors, editors, or publishers of the works contained in the Health365 Website, PharmaCare, nor any other party involved in the preparation of information contained in the Health365 Website or in our e-newsletters represents or warrants that the information is accurate or complete, and accept no responsibility for any errors or omissions in that information, or for the results obtained from the use of such information.

You should carefully review the information contained in the Health365 Website with your medical or health care professional before adopting any of the information or drawing inferences about your health from it. The information is not intended in any way to be a substitute for professional advice. Neither the content nor any other service offered through the Health365 Website is intended as diagnosis or treatment. Always consult your medical or health care professional if you have any concern about your health.
The Health365 Website may contain links to websites operated by third parties. The linked websites are not under the control of PharmaCare. PharmaCare is not responsible for the contents of any linked website, any link contained in a linked website or any changes or updates to such websites.

User Submissions

It is a condition of these Terms and Conditions that all information you post and/or submit to be posted in our directories, including all advertisements and creative designs, are either your own works or works which you are using with the permission of the owner. By submitting information (including advertisements and designs) to any part of the Health365 Web Site you automatically grant to us, or warrant that the owner of such information has expressly granted to us, a royalty-free, perpetual, irrevocable, worldwide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, disseminate, communicate, perform, and display your name and the information alone or as part of other works in any form, media, or technology whether now known or hereafter developed. You warrant that any and all information you post to the Health365 Web Site (i) complies with all relevant laws; (ii) does not infringe the intellectual property rights (including but not limited to copyright and trade marks) of any person; (iii) is not misleading or deceptive nor likely to mislead or deceive; and (iv) does not violate any privacy laws or regulations or therapist/client confidentiality. You warrant that any and all information submitted by you and posted on the Health365 Web Site, including in any directories, is true, complete and correct.

Files that you upload, public messages that you send and your activity in dialogue, discussion, and forums on the Health365 Web Site are subject to review, modification and deletion without notice by the Community Manager. You should be aware that personally identifiable information you choose to disclose on the Health365 Web Site may be used by third parties and such use is beyond our control.

You must not post any information which (i) is libellous, defamatory, obscene, offensive, sexually explicit, fraudulent, false, unlawful, or contrary to the ownership or intellectual property rights of any other person, or (ii) contains any virus, worm, trojan or other code which is contaminating or destructive to the files, data or programs of the Health365 Web Site or any of our users.

We may deny you access to all or part of the Health365 Web Site and/or suspend or cancel your service account without notice if we, in our sole discretion, determine that you have engaged in conduct that violates any law or any provision of these Terms and Conditions or is otherwise inappropriate. We will not be liable for any loss of profit or business opportunity that may result from the suspension or cancellation of your service account.

Copyright and Trade Marks

The Health365 Website and its contents are subject to copyright under the laws of Australia. The Health365 Website is for your personal, non-commercial use. You may not reproduce, modify,copy, distribute, transmit, communicate, display, publish or use any material contained in theHealth365 Website and/or our e-newsletterswithout the express prior written consent of Health365 or the relevant copyright owner. You maynot use any of the information on the Health365

Website for commercial purposes or to establish, operate or maintain your own product or service offering.

General Disclaimer

The Health365 Website is provided on an 'as is, with all faults and as available' basis and to the maximum extent permitted by law without any warranties of any kind, either expressed or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, warranties of title or non-infringement, or warranties arising from course of dealing or custom of trade. Health365 makes no representation or warranty that any content of the Health365 Website is accurate, complete, appropriate, reliable or timely. Health365 also makes no representation or warranty that your access to and use of the Health365 Website will be uninterrupted, secure, error-free, free of viruses or unauthorised code or other harmful components. Health365 reserves the right to discontinue operating the Health365 Website at any time without notice.

Use of the Health365 Website

Your use of the Health365 Website is at your own risk. You are responsible for taking all necessary precautions to protect yourself against any claim, damage, loss or hazard that may arise by virtue of your use of the Health365 Website. You must not use any means of automatically searching or mining data from the Health365 Website or in any way interfere or attempt to interfere with the proper operation of the Health365 Website.
You agree not to take any action that imposes an unreasonable burden on our infrastructure or otherwise tampers or interferes with the Health365 Website, our systems or data or those of any third party via the Health365 Website.

Gwinganna Retreat Competition

Information on how to enter and form part of these terms and conditions (Conditions). By participating, entrants agree to be bound by the Conditions. Entries must comply with the Conditions to be valid.

    1. This competition is a game of skill. Chance plays no part in determining the winner(s). 
    2. Entry is open to residents of Australia. Entrants must be over the age of. Employees and their immediate families of the Promoter, its related entities and any agencies associated with this promotion are ineligible to enter.
    3. By entering this competition, you are agreeing to receive marketing material from Pharmacare Laboratories Pty Ltd. The individual can opt out or unsibscribe at any point via the email footer.
    4. The promotion commences at 09:00am AEST on 15 October 2019 and closes at 09:00am AEST on 18 November 2019 (Promotion Period).
    5. To enter, each entrant must, during the Promotion Period fill out the online form on www.health365.com.au/competition and fill in all required fields including “Tell us in 25 words or less how you choose to relax”.
    6. Entry is limited to one per person per period. Multiple entries from the same email address during the Promotion Period will be disqualified.
    7. Judging will take place at 9:00am AEST on 19 November 2019 at Pharmacare Head Office. All entries will be judged individually on their merits based on creativity and originality. The best valid entry, as determined by the judges, will receive a prize. Entries will be judged by a panel of judges from the Promoter.
    8. There is one (1) prize available. The total prize pool is valued up to $4,520.00 including GST. The prize consists of: A Wellness Weekend Package at Gwinganna Retreat staying in the Moonarie Villa for 2 people valued at $3,320.00- Wellness Package includes: 2 nights accomodation, 2x Classic Massage, All organic meals and snacks, morning coffee, herbal teas and evening glass of organic wine, Key Wellness Seminar, access to all facilities and scheduled activities, Educational walks with resident botanist, complimentary transfers from Gold Coast Airport. Alcohol will not be served to persons under; 2 x return flights to Gold Coast Airport departing from any Australian Capital City valued up to $600.00 per person
    9. Travel dates are only valid for the 31 January 2020 until the 2 February 2020.This prize does not include Travel Insurance.
    10. The collection of the prize is the responsibility of the winner. It must be claimed prior to 9am AEST on 29 November 2019.
    11. The winner will be notified in writing by email and phone by 5pm AEST on 19 November 2019. The name of the winner will also be published on Health365 Facebook & website competition page from 9am AEST, 19 November 2019 to 5pm AEST,  29 November 2019. The Prize must be booked no later than 29 November 2019 or the prize is forfeited in full.
    12. All bookings are subject to availability at the time of booking and all applicable booking terms and conditions of the accommodation supplier.
    13. This prize will be deemed fully used once a qualifying booking has been made and confirmed to be available. The prize will not be reinstated, refunded or replaced, even in the event that the reservation is cancelled or changed.
    14. Changes or cancellation may incur charges from Airlines, Hotels or other Suppliers. The winner is responsible to pay any such charges and the prize cannot be applied to any additional costs associated with changes or cancellations to the original booking requested by the winner.
    15. There is no residual value and no credit will be issued if the booking amount is less than the prize amount.
    16. The winner may add services or stay additional nights, however the winner is responsible for any additional costs.
    17. If the winner of a prize is under 18 years of age, the prize will be awarded to winner’s parent or legal guardian.
    18. Entries must be received by the Promoter during the Promotion Period. Entries received after the close of the Promotion Period will not be accepted. 
    19. All ancillary costs and other expenses incurred as a consequence of receiving the prize are the sole responsibility of the winner. 
    20. Prizes are not transferable and are not redeemable for cash. The Promoter’s decision is final and binding and no correspondence will be entered into. In particular, prizes may not, without the prior consent of the Promoter and any applicable third party supplier of the prize (Supplier), be resold or offered for resale at a premium (including via online auction sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services. If a prize is sold or used in breach of this condition, the Promoter or the Supplier may, at their absolute discretion, withdraw the prize(s). Where a prize has been withdrawn in accordance with this clause, no refund, substitute or compensation will be offered and if the prize is a ticket, the winner and any person has purchased or otherwise bears that ticket will be refused entry.
    21. The Promoter accepts no responsibility for late, lost or misdirected entries or other communications. The Promoter assumes no responsibility for any failure to receive an entry or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches, theft or destruction, any cause beyond the Promoter’s control, or unauthorised access to or alteration of the promotion. If such problems arise, then the Promoter may modify, cancel, terminate or suspend the promotion. Further, the Promoter at its sole discretion may recommence this promotion under the same conditions.
    22. If any prize becomes unavailable for reasons beyond the Promoter’s control, the Promoter may substitute a prize of equal or greater value.
    23. All reasonable attempts will be made to contact the winner. If a winner does not claim their prize within 14 days of being notified, their entry will be deemed invalid and the Promoter may award their prize to the next best entry determined by the judges.
    24. If an entrant’s contact details change at any time between the date which they enter the promotion and the date the winner is announced, that entrant must notify the Promoter of their correct contact details immediately.
    25. The Promoter reserves the right to request verification of age, identity, residential address of winners and any other information from entrants relevant to entry into or participation in this promotion. Verification is at the discretion of the Promoter, whose decision is final. The Promoter reserves the right to disqualify any individual who provides false information, fails to provide information, is in breach of these conditions, provides entries that are offensive or otherwise inappropriate in the sole opinion of the Promoter, conspires with others to gain an unfair advantage or who is otherwise involved in any way in manipulating, interfering or tampering with the conduct of this promotion, or who has engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
    26. The Promoter shall not be liable for any loss, damage or injury suffered or sustained (even if caused by negligence) as a result of accepting and/or using a prize or in relation to the promotion, except for any liability which cannot be excluded by law.
    27. If in the conduct of this promotion, the Promoter is liable for a breach of any guarantee, warranty, condition or other term that applies under the Competition and Consumer Act 2010 (Cth) or is implied by any other commonwealth, state or territory law that cannot by law be excluded, the Promoter's liability under that legislation is limited, to the extent permitted by law, to the cost of replacement of any benefit or prize won.
    28. Without limiting the previous paragraph, the Promoter and its associated agencies and companies will not be liable for any damage, loss or delay in transit to the prize. 
    29. Before the prize is awarded, the winner and any other person(s) sharing the prize with the winner may be required to sign an agreement to release the Promoter from any liability arising from the use or participation in the prize.
    30. Entrants consent to the Promoter using their name, image and/or voice in the event that they are a winner in any media for an unlimited period of time without remuneration for the purpose of promoting this promotion (including any outcome) and/or promoting any products manufactured, distributed and/or supplied by the Promoter.  
    31. Entries remain the property of the Promoter. Details from entries and/or the entrant’s personal information will be collected and used for the purposes of conducting this promotion (which may include disclosure to third parties, the Promoter’s related bodies corporate, agencies and contractors (including call centres, advertising agencies and direct mail houses) for the purpose of processing and conducting the promotion) and for promotional purposes, public statements and advertisements surrounding this promotion. For the purposes of public statements and advertisements, the Promoter will only publish the winner’s surname, first initial and state of residence. By entering this promotion entrants consent to the use of their information as described and agree that the Promoter may use this information, or disclose it to other organisations that may use it, in any media for future promotional purposes without any further reference or payment to the entrant. By submitting an entry, you agree that you have read and understand our Privacy Policy which may be accessed at the following link: http://pharmacare.com.au/wp-content/uploads/2018/01/PharmaCare_Laboatories_Privacy_Policy.pdf. Entrants may access, change and/or update their personal information by contacting the Promoter in writing at [email protected]
    32. These conditions are governed by the laws of New South Wales.
    33. The Promoter is PharmaCare Laboratories Pty Ltd (ABN 99 003 468 219) at 18 Jubilee Avenue, Warriewood, NSW, 2102.

Registration

To register for the Health365 Website, and to find out about the benefits of registration, please go to “Register Now”. Your service account will then be activated and you will be issued a password which will be sent to you by email.
You must not disclose your password to any third party and you are responsible for keeping it confidential. We will never ask you to send your password or other sensitive information to us in an email or to enter it via any website other than one with a URL beginning with http://www.health365.com.au. If you suspect any unauthorised use of your service account or access to your password, please change your password immediately. You are solely responsible for any and all use of your service account.
You may close your service account at any time but you will remain liable for obligations related to your service account after it has been closed. These Terms and Conditions will remain in force, as applicable, once your service account has been closed.

Payment Methods

Credit Cards: We accept all major credit cards including, Visa and MasterCard. There is no surcharge for using Visa or Mastercard. Please be sure to provide your exact billing address and telephone number - the address and phone number your credit card bank has on file for you. Incorrect information may cause a delay in processing your order. Your credit card will be billed as soon as your order is placed. This is done to protect the security of your credit card details, as we do not store your card details at any point. 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.

All prices are quoted in Australian dollars (AUD $), unless otherwise noted.

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. Health365.com.au reserves the right at any time after receipt of your order to accept or decline your order for any reason. Health365.com.au 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.

Indemnification

You agree to indemnify, defend and hold harmless PharmaCare and our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable solicitor's fees, resulting from any violation of these Terms and Conditions or any activity related to your service account (including infringement of third parties' intellectual property rights anywhere in the world or negligent or wrongful conduct) by you or any other person accessing the Health365 Website using your service account.

Waiver, Release and Limitation of Liability

PharmaCare’s liability for any claim arising from a breach of any term or condition implied by any law which may not be excluded will be limited to, in the case of services, will be to the re-supply of the relevant services or the payment of the value of the re-supply of the relevant services, and in the case of products, to the re-supply of the relevant products or the payment of the value of the products supplied.

Miscellaneous, Feedback and Complaints

You may not assign or transfer any of your rights or obligations under these Terms and Conditions without the prior written consent of PharmaCare.

PharmaCare’s relationship with you under these Terms and Conditions is one of independent contractors and not of partnership, joint venture or principal and agent.

PharmaCare will send any legal notices or communications regarding your service account to your nominated email address. Please ensure that a valid email address is recorded at all times. Your primary point of contact with PharmaCare should be via the “Contact Us” facility on the Health365 Website. Any formal notices or communications should be sent to the address set out at the beginning of these Terms and Conditions. A notice sent to you by email will be deemed to have been received by you 24 hours after it was sent, regardless of whether or not you have actually read the notice. Notices sent by post will be deemed to have been received 3 days after the date of sending (7 days if sent to or from outside Australia).

If any clause or provision of these Terms and Conditions is determined to be illegal, invalid or unenforceable or capable of termination by a party in any jurisdiction in which these Terms and Conditions are to operate, then such clause or provision will be construed, to the maximum extent possible, to render the clause or provision enforceable. If no reasonable interpretation would have that effect on such a clause or provision, it will be severed from the remainder of these Terms and Conditions without affecting the enforceability of all remaining clauses and provisions.

If you have any feedback or a complaint about the Health365 Website, including about any products or services offered in or through it, please contact us by any of the following means during business hours Monday to Friday.

18 Jubilee Avenue
Warriewood NSW 2102
Email: [email protected]
Phone: (02) 9997 0355
Last updated February 2013.