You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Summit Pharmaceuticals in the user interface.
In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
You warrant that any information you give to Summit Pharmaceuticals in the course of completing the registration process will always be accurate, correct and up to date.
Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
You may not use the Purchase Services and may not accept the Terms if:
You are not of legal age to form a binding contract with Summit Pharmaceuticals; or
You are a person barred from receiving the Purchase Services under the laws of Australia or other countries, including the country in which you are resident or from which you use the Purchase Services.
As a Member, you agree to comply with the following:
In using the Purchase Services to purchase the Product through the Website, you agree to pay the purchase price listed on the Website for the Product (the ‘Purchase Price’). Unless otherwise stated, all prices and payments are in Australian Dollars (AUD).
Payment of the Purchase Price may be made through Westpac and Merchant Warrior (the ‘Payment Gateway Provider’). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
Following payment of the Purchase Price being confirmed by Summit Pharmaceuticals, you will be issued with a receipt to confirm that the payment has been received and Summit Pharmaceuticals may record your purchase details for future use.
Summit Pharmaceuticals may, at their sole discretion, provide a refund on the return of the Products within 0 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
Summit Pharmaceutical’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to:
You may make a claim under this clause (the ‘Warranty Claim’) for material defects and workmanship in the Products within 2 hours from the date of purchase (the ‘Warranty Period’).
In order to make a Warranty Claim during the Warranty Period, you must:
Where the Warranty Claim is accepted, Summit Pharmaceuticals will, at its sole discretion, either:
You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
You acknowledge that the Purchase Services offered by Summit Pharmaceuticals integrate delivery (the ‘Delivery Services’) through the use of third-party delivery companies (the ‘Delivery Service Providers’).
In providing the Purchase Services, Summit Pharmaceuticals may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Summit Pharmaceuticals is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
In the event that an item is lost or damaged in the course of the Delivery Services, Summit Pharmaceuticals asks that you:
The Website, the Purchase Services, and all of the related products of Summit Pharmaceuticals are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Website (including text, graphics, logos, button icons, video images, audio clips, and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by Summit Pharmaceuticals or its contributors.
Summit Pharmaceuticals retains all rights, title, and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
You may not, without the prior written permission of Summit Pharmaceuticals and the permission of any other relevant rights owners:
This prohibition does not extend to materials on the Website which are:
Summit Pharmaceuticals takes your privacy seriously. Any information provided through your use of the Website and/or the Purchase Services is subject to Summit Pharmaceuticals’ Privacy Policy, available on the Website.
Subject to the above and to the extent permitted by law:
Use of the Website, the Purchase Services, and any Products of Summit Pharmaceuticals (including Delivery Services) is at your own risk. Everything is provided on an “as is” and “as available” basis, without warranty or condition of any kind.
Summit Pharmaceuticals, its affiliates, directors, officers, employees, agents, contributors, third-party content providers, licensors, and Delivery Service providers make no express or implied representation or warranty regarding:
By opting for advance purchase, customers agree to pre-order products and acknowledge that their order will be shipped on the scheduled date previously agreed upon. Summit Pharmaceuticals will make every effort to dispatch the product as close to this date as possible, except in cases of unforeseen delays.
Summit Pharmaceuticals’ total liability arising out of or in connection with the Purchase Services or these Terms, however arising (including under contract, tort, negligence, equity, statute, or otherwise), will not exceed the most recent Purchase Price paid by you under these Terms. If you have not paid the Purchase Price, Summit Pharmaceuticals’ total liability is limited to the resupply of information or Purchase Services to you.
You expressly acknowledge and agree that Summit Pharmaceuticals, its affiliates, employees, agents, contributors, third-party content providers, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages that may be incurred by you, however caused and under any theory of liability. This includes, but is not limited to:
Summit Pharmaceuticals is not responsible or liable in any manner for any site content (including Content and Third-Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users, third parties, or by Summit Pharmaceuticals’ Purchase Services.
You further acknowledge that Summit Pharmaceuticals does not provide Delivery Services. You agree that Summit Pharmaceuticals will not be liable for any special, indirect, or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
These Terms will continue to apply until terminated by either you or Summit Pharmaceuticals, as outlined below.
Subject to applicable local laws, Summit Pharmaceuticals reserves the right to discontinue or cancel your Website membership at any time. Access to all or part of the Website or Purchase Services may be suspended or denied, at Summit Pharmaceutical’s sole discretion and without notice, if you breach the Terms, any applicable law, or if your conduct negatively impacts Summit Pharmaceutical’s reputation or the rights of others.
When these Terms come to an end, all rights, obligations, and liabilities accrued by both you and Summit Pharmaceuticals (whether during the term of the agreement or expressed to continue indefinitely) shall remain in effect. Such provisions shall survive termination and continue to apply indefinitely.
You agree to indemnify Summit Pharmaceuticals, its affiliates, employees, agents, contributors, third-party content providers, and licensors from and against:
A party claiming that a dispute (“Dispute”) has arisen under the Terms must give written notice to the other party detailing:
If a dispute arises out of or relates to the Terms, neither party may commence any Tribunal or Court proceedings in relation to the dispute unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
Upon receipt of the notice (“Notice”), the parties (“Parties”) must:
All communications concerning negotiations arising out of and in connection with this dispute resolution clause are confidential and, to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
If 2 days have elapsed after the start of a mediation and the Dispute has not been resolved, either Party may request the mediator to terminate the mediation, and the mediator must do so.
The Purchase Services offered by Summit Pharmaceuticals are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
These Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding, or claim of whatever nature arising out of or relating to the Terms shall be governed, interpreted, and construed under the laws of Queensland, without reference to conflict of law principles.
The validity of this governing law clause is not contested. These Terms shall be binding upon and inure to the benefit of the parties and their successors and assigns.
Both parties confirm and declare that the provisions of the Terms are fair and reasonable. Both parties acknowledge having had the opportunity to obtain independent legal advice and declare that the Terms are not against public policy on the grounds of inequality, bargaining power, or restraint of trade.
Any customer activities identified by relevant authorities as fraudulent will require the clinic to submit a police report and will result in cancellation of scripts.
If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed, and the remainder of the Terms shall remain in force.
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