Terms and Conditions

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Terms and Conditions

TERMS OF USE – lac-con.com.au

Thank you for visiting the lac-con.com.au website (Website).
Terrywhitechemmart.com.au is a leading online pharmacy: a retail marketplace for visitors to shop their preferred TerryWhite Chemmart pharmacy and an information site for pharmacy products. Online orders are fulfilled by the TerryWhite Chemmart pharmacy of your choice that is participating in the Website (Preferred Pharmacy) and their details are available when you select your Preferred Pharmacy. This Website is designed to provide a convenient, private and informative retail experience for you to purchase pharmacy products and is accessible 24 hours a day, 7 days a week.

We want each visitor to the website (you or your) to have an enjoyable and informative retail experience, so we have established the following terms and conditions so that we both know what to expect from each other (Terms of Use). By using the Website you agree to be bound by these Terms of Use, our Returns Policy and Shipping Policy. Please read them carefully. Your usage of the Website indicates your acceptance of these Terms of Use. Placing an order also indicates your acceptance of these Terms of Use.

INFORMATION DISCLAIMER

We do not give or provide any warranties whatsoever in relation to any information on this Website. Information and statements are not intended to diagnose, treat, cure, or prevent any disease. No warranty is made that any information on or linked to this Website is complete and/or accurate. All information contained on the Website, including information relating to medical and health conditions, products and treatments, is for informational purposes only and may be presented in summary or aggregate form.

Professional advice is required for each particular illness, disease, infection, injury or other medical condition and for dosages of pharmaceutical product available from this Website. Information of this sort is not to be taken as medical advice whatsoever. You take full and total responsibility for what you do with this information, and any resulting outcomes from your actions.

The information contained in this Website is not intended nor is it implied to be a substitute for professional medical advice or any information contained on or in any product packaging or labels. Always seek the advice of your Pharmacist, General Practitioner, other medical practitioner or 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. Nothing contained in the service is intended to be or should be taken for medical diagnosis or treatment.

Product images displayed are for representation purpose only. Actual product may differ from images shown.

COPYRIGHT AND TRADEMARK NOTICE

TerryWhite Chemmart trade marks are used on this Website as trade marks only in Australia. TerryWhite Chemmart is a registered trade mark used under licence from TWC IP Pty Ltd ACN 136 833 611 to TW&CM Ltd ACN 136 833 620 (TWCM or We).

This Website is owned and operated by TWCM. Unless otherwise specified, all material appearing on this Website, including the text, site design, logos, graphics, icons and images, photographs, graphics, typefaces and other material (Content) as well as the selection, assembly and arrangement thereof is subject to applicable copyright laws. Copyright ©TW&CM Pty Ltd, ALL RIGHTS RESERVED.

All audio and video clips are the sole property of TWCM or their respective content providers. All software used on the Website is the sole property of TWCM or those supplying the software. You acknowledge that the Website contains Content, audio and video clips and software that are protected by copyright, trademark, or other intellectual property rights, and that these rights are valid and maybe protected in all forms, media and technologies which exist now or are developed in the future.

You may use the content of this Website only for the purpose of shopping on this Website or placing an order on this Website 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 TWCM’s prior written permission.

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.

DISCLAIMER & LIMITATION OF LIABILITY FOR PRODUCTS SOLD

Except as expressly stated herein, TWCM makes no representations or warranties, either express or implied, of any kind with respect to products sold on the website. Except as expressly stated herein and subject to the provisions of Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law), TWCM expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this website, including but not limited to merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to TWCM or your Preferred Pharmacies arising from any product sold on the site shall be the price of the product ordered. In no event shall TWCM, its related bodies corporate, its directors, officers, employees and representatives, and your Preferred Pharmacy be liable for special, indirect, consequential, or punitive damages related to product sold.

DISCLAIMER FOR USE OF WEBSITE

You expressly agree that use of the Website is at your sole risk. In no event will TWCM, its Related Bodies Corporate, its directors, officers, employees and representatives, third-party content providers or the like warrant that the Website will be uninterrupted or error-free. Additionally, TWCM does 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, or products provided through the Website.

TWCM explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Website from third parties. We 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.

Under no circumstances shall we or any other party involved in creating, producing, or distributing 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 products 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, transmissions or data; (iv) statements or conduct of any third party on the site; (v) negligent or wilful acts of TWCM, its directors, officers, employees and representatives or (vi) any other matter relating to the Website.

You agree to indemnify and hold TWCM, and our related bodies corporate, corporate, directors, officers, employees and representatives harmless from any claim or demand, including reasonable legal fees, made by any you or any third party due to or arising out of the Content you submit, post to or transmit through the Website, your use of the website, your connection to the 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 the Website, you agree to:

  • Provide true, accurate, current and complete information about yourself as prompted when registering (Registration Information) 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.

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. TWCM considers this Registration Information private. The information is kept on a secure server to protect it from outside parties. We and your Preferred Pharmacy use the information only for the limited purposes of processing and fulfilling your orders, for statistical purposes to improve our site and services to you, to administer our site, and to market and notify you of products, services or special offers that may be of interest to you.

PAYMENT METHODS

Credit Cards: We accept Visa and MasterCard. There is no surcharge for Visa or Mastercard transactions on the Website. Please be sure to provide your exact billing address and telephone number – the address and phone number the financial institution provider of your credit card 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. Your personal and credit card information will be provided to the Website’s payment gateway provider, Web Active Corporation Pty Ltd (eWAY) to process the payment. Your personal and credit card information will be held by eWAY in accordance with their privacy policy found at https://www.eway.com.au/legal. In the event that your Preferred Pharmacy 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.

We do not accept money orders, cashier’s cheques, personal cheques and company cheques.

ORDER ACCEPTANCE POLICY

Your receipt of an electronic or other form of order confirmation does not signify our or your Preferred Pharmacy’s acceptance of your order, nor does it constitute confirmation of our or your Preferred Pharmacy’s offer to sell. We and your Preferred Pharmacy reserves the right at any time after receipt of your order to accept or decline your order for any reason. We and your Preferred 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. We may require additional verifications or information before accepting any order.

When your order include medicine products (Medicines), your Preferred Pharmacy may need to be satisfied that you have a therapeutic need for it and that it is appropriate for you. Your Preferred Pharmacy will endeavour to contact you within 48 hours of placing an order to do this. Your Preferred Pharmacy reserves the right to not supply contrary to their professional and ethical obligations.

An accepted order (Accepted Order) will be an agreement by your Preferred Pharmacy to sell and your agreement to purchase the products as listed on the order. All prices for products are inclusive of GST (unless they are exempt from GST).

YOUR CONDUCT

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website, use of the Website, or access to the Website. You agree not to access the Website by any means other than through the interface that is provided by us for use in accessing the Website.

OUR RIGHTS

TWCM 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, including providing it via third party software or application, to your Preferred Pharmacies for the purpose of fulfilling an order; or (iii) to protect our rights or property or the rights of the users, our directors, employees, representatives, sponsors, third party providers or licensors. We are not responsible for screening, policing, editing, or monitoring such Content.

TWCM 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 another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or us.

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, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We 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, we shall immediately issue a credit to your credit card account in the amount of the incorrect price.

APPLICABLE LAW

As far as legally possible this Terms of Use shall be governed by the laws in existence from time to time in Australia. Any claim relating to the Website, the services provided through the Website or the Content 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

These Terms of Use are effective even if this agreement is terminated by either party. 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 Website with or without notice. You agree that any termination of your access to the 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 Website.

GENERAL INFORMATION

These Terms of Use constitute the entire agreement between TWCM and you and govern the use of the 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.

TWCM may amend these Terms of Use 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 of Use.

SECURITY AND PRIVACY

You acknowledge that your access to the Website may be monitored and tracked by TWCM by the use of cookies and/or retailer IDs. TWCM does not sell, rent or give away user information (including phone numbers and e-mail addresses). This information is highly respected and is only used to assist TWCM in providing you with valued services. Any information provided by you or your browsers (including cookies) will be for the use of TWCM, the operator of this Website.

Other than as follows and as set out in our privacy policy found at [link], TWCM will not disclose personal information about you or your browsing habits to any other third party, unless you give TWCM express permission to do so, or unless required to do so by law. In order to provide you with the products and services on the Website we will provide your personal information to:

  • Website’s payment gateway provider, Web Active Corporation Pty Ltd (eWAY) to process the payment; and
  • Your Preferred Pharmacy to fulfil your order.

Your Preferred Pharmacy will record and collect information to provide you with the health service that you have requested. The collection of this information is permitted under Australia law. For example, this applies to prescription details that we are required to collect in accordance with relevant legislation including the National Health Act 1953 (and its regulations) and the poisons laws as in force in the Australian States and Territories. Any personal information held by your Preferred Pharmacy will be subject to their privacy policies which can be obtained by contacting your Preferred Pharmacy.

TWCM may disclose aggregated information about you in general and statistics related to this website to others, but in doing so, 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.

LINKING AND FRAMING

Links to external sites from this Website are provided for convenience only and TWCM does not endorse or make any warranty with respect to such external sites.

SITE AVAILABILITY

TWCM does not warrant that the Website will be available at any time. Users acknowledge that the Website may be unavailable for a number of reasons, including due to matters beyond TWCM’s control, and shall not hold TWCM accountable in respect of any claims arising there from. TWCM does not warrant that your access to the Website will meet any particular performance criteria.

ITEM AVAILABILITY & CATALOGUES

Not all items displayed in our catalogues will be available to purchase on the Website or available from your Preferred Pharmacy. These products are available at your Preferred Pharmacies while stocks last.

Please be aware that not all TerryWhite Chemmart pharmacies are all independent owned pharmacy businesses and may choose not to participate by selling their products through the Website. If your local TerryWhite Chemmart pharmacy is able to be selected as your Preferred Pharmacy, you will be able to place an order for products with that pharmacy.

LIMITED PURCHASE QUANTITIES

TWCM reserves the right to monitor and limit the purchase amounts of products at its sole discretion. TWCM reserves the right to restrict sales to a non-commercial level at its sole discretion. In such cases TWCM will reduce product(s) to what we considers a non-commercial quantity.

INTERNATIONAL DESTINATION RESTRICTIONS

This Website only delivers to Australian postal addresses. Orders cannot be shipped to an international address.

UPDATES TO PRIVACY POLICY

We may amend this Privacy Policy at any time and from time to time. If we do so, we will post the amended Privacy Policy on our website so that you will always be aware of how we manage your personal information.

SHIPPING POLICY

If your online order is over $69 (inclusive of GST) we will deliveryour order free of charge. All Click & Collect orders are free of charge and must be collected at your Preferred Pharmacy.

For orders less than $69 (inclusive of GST), deliveries will be charged at the following rates:

  • 0 to 5km from your Preferred Pharmacy – $7.50
  • >5km to 15km from your Preferred Pharmacy – $15
  • >15km from your Preferred Pharmacy – please contact your Preferred Pharmacy to see if they can deliver to you and the cost.

We do not ship to international addresses.

We understand that getting your pharmacy products as quickly as possible is of utmost importance. That is why your Preferred Pharmacy will endeavour to dispatch an Accepted Order within 2 working days. It is important to note that Accepted Orders can only be dispatched Monday to Friday. Your Preferred Pharmacy will also endeavour to have your Click & Collect orders available for collection within 2 hours of acceptance of the order.

Please allow up to 2 working days from approval of your order for it to arrive before contacting your Preferred Pharmacy. Delivery times are reliant on a number of factors and may vary depending on where you live or other circumstances that may physically constrain, restrict or impede regular deliver of products. If your Preferred Pharmacy becomes aware of delays with delivery of your order they will contact you.

Your Preferred Pharmacy will utilise a range of delivery services and methods in order to fulfil your order as quick as possible. This may include via a delivery vehicle owned by your Preferred Pharmacy or a contracted courier service.

There will be no tracking numbers for orders due to our localised fulfilment process. If you have questions about the status of your order, please contact your Preferred Pharmacy directly.

Your order will be delivered to your address and may require a signature and identification upon receipt. Please be sure to add all Unit/Flat and Business names as appropriate for your order. If no one will be home during business hours, we suggest that you provide a work address for delivery.

TERRYWHITE CHEMMART REWARDS GENERAL TERMS AND CONDITIONS

1. Definitions

Application Form means any form (whether in paper, electronic or otherwise) which is required to be completed by a person wishing to become a Member.

Awards means awards as described in the Qantas Frequent Flyer program and Qantas Frequent Flyer Terms.

Conversion Date means the 15th day of each calendar month or such other date as determined by TWCM from time to time.

Conversion Rate means the rate at which Convertible Rewards Points convert to Qantas Points being at a rate of 3 Convertible Reward Points to 2 Qantas Points.

Convertible Rewards Points means Rewards Points issued to a Standard Member after they have made an Election and for the period from the end of the Switchover Period to when they Opt Out.

Customer means customer of a Pharmacy

Earn Rate means:

  1. a. In respect of a Standard Member, a rate of 3 Reward Points for every $1 (which equates to 0.03 Reward Points for every 1 cent) spent on Qualifying Purchases; and
  2. b. In respect of Member+, a rate of 12 Reward Points for every $1 (which equates to 0.12 Reward Points for every 1 cent) spent on Qualifying Purchases.

Election means an election by a Standard Member to link that Member’s Account to a valid Qantas Frequent Flyer Account.

Election Date means the date that a Standard Member makes and Election pursuant to clause 6.

Excluded Products means dispensary or prescription items, baby formulas and such other products as determined by TWCM in its absolute discretion from time to time.

Full Terms and Conditions means the T&C together with any terms and conditions printed on and attaching to the Rewards Card, any reward vouchers (where applicable), the Application Form, and any other terms and conditions or variations that TWCM may publish from time to time.

Member means a Member+ and a Standard Member of the Rewards Program.

Member+ means a member of the Rewards Program that is also on a relevant health package offered by TWCM whether directly, through Pharmacies or such other partners or other third parties as determined by TWCM from time to time.

Member’s Account means a record showing the Member’s Reward points balance, Member’s details and preferences and purchase history.

Non-participating Pharmacy means TerryWhite Chemmart Novar Gardens, TerryWhite Chemmart South Plympton, TerryWhite Chemmart Ceduna Eyre Highway, TerryWhite Chemmart Mallala, and TerryWhite Chemmart The Willows and such other Pharmacy that TWCM may determine from time to time.

Opt Out means where a Standard Member elects to opt out of converting their Rewards Points to Qantas Points.

Pharmacy means participating TerryWhite Chemmart pharmacies, excluding Non-participating Pharmacy, in its own right as an organisation that is responsible for meeting redemption of Reward Points and collecting in its own right and as agent for TWCM, personal and sensitive information and other relevant data from Members of the Rewards Program.

Points Threshold means a threshold of 300 Reward Points accrued before Reward Points can be applied in full or part payment of Qualifying Purchases.

Qantas means Qantas Airways Limited ACN 009 661 901.

Qantas Points means Qantas Points issued under the Qantas Frequent Flyer program in accordance with the Qantas Frequent Flyer Terms.

Qantas Frequent Flyer Account means the account in the Qantas Frequent Flyer program established in respect of a Qantas Frequent Flyer membership under the Qantas Frequent Flyer Terms.

Qantas Frequent Flyer Terms means the Qantas Frequent Flyer program terms and conditions as amended by Qantas from time to time.

Qualifying Purchases means purchases of non-prescription items that are not Excluded Products.

Redemption Rate means the rate at which Reward Points can be applied in full or part payment of Qualifying Purchases, being a rate of 1 Rewards Point per 1 cent (which equates to $1 for every 100 Rewards Points accumulated) to be spent for future purchases.

Rewards Card means the card (whether in a physical, electronic or other form) that is provided to a Member.

Rewards Helpdesk means the call centre helpdesk of the Rewards Program.

Rewards PointsRewards Points means the points earned by a Member and includes Convertible Rewards Points in respect of a Standard Member that has made an Election.

Rewards Program means the TerryWhite Chemmart Rewards Program as amended from time to time by TWCM.

Standard Member means a member of the Rewards Program that is not a Member+.

T&Cs means the Rewards Program General Terms and Conditions.

TWCM, we, us, and ourmeans TW&CM Pty Ltd ACN 136 833 620.

You, and your means a person that is or seeks to become a Member as the context requires.

2. Introduction

2.1 The Rewards Program is owned and operated by TW&CM Pty Ltd ACN 136 833 620, of Ground Floor, 50 Park Road, Milton, Queensland 4064.

2.2 These T&Cs form the basis of, and govern the operation of the Rewards Program and form part of the Full Terms and Conditions.

2.3 The Full Terms and Conditions of the Rewards Program operate as a legal contract between you, TWCM, each Pharmacy.

3. Becoming a Member and Rewards Cards

3.1 You may become a Member, if you:

  • are an individual 18 years old or over;
  • have a current Australian residential address; and
  • complete an Application Form and are issued with a Rewards Card.

3.2 You cannot be issued with more than one Rewards Card at any one time. In applying for and/or using the Rewards Card you agree to be bound by the Full Terms and Conditions.

3.3 Membership is free but we reserve the right to charge for replacement cards. The Rewards Card is not a credit card or charge card and remains our property. You cannot transfer or assign a Rewards Card.

3.4 Your existing membership of any other loyalty or rewards program with a Pharmacy will be cancelled immediately on acceptance of your application to join the Rewards Program unless we or the Pharmacy advises otherwise.

3.5 We may, in our absolute discretion:

  • Reject or refuse any application for membership; or
  • Cancel any Rewards Card at any time without notice and for any reason including, without limitation, if you fail to comply with the Full Terms and Conditions, provide misleading information or make misrepresentations to us or a Pharmacy, die or become bankrupt, or abuse any privilege accorded to a Member.

3.6 You must notify the Rewards Helpdesk as soon as possible for any change of your details and preferences.

3.7 If a Rewards Card is lost, stolen or damaged, you may apply for a new Rewards Card by visiting a Pharmacy or by calling the Rewards Helpdesk. Rewards Points can only be adjusted or credited by the Rewards Helpdesk. Any points balance on Rewards Cards to be replaced will be transferred to the Member’s new Rewards Card provided the person requesting the new Rewards Card can be identified as the original cardholder. The lost, stolen or damaged Rewards Card will be disabled. We may charge you a reasonable fee for any replacement Rewards Card to cover administration and handling.

3.8 You may terminate or cancel your membership and Rewards Card at any time by calling the Rewards Helpdesk or by visiting https://members.terrywhitechemmart.com.au

4. Earning and Using Reward Points

4.1 You will earn Rewards Points at the Earn Rate spent at Pharmacies on Qualifying Purchases provided the purchase is made using approved payment means at the Pharmacy, and the Rewards Card is presented at the time of purchase. If you don’t have a physical Rewards Card, the Pharmacy can identify your Member’s Account with your personal details.

4.2 Rewards Points and any benefit that they confer to you is not property, do not have any cash or monetary value and cannot be sold, transferred, assigned or otherwise dealt with except in accordance with these T&Cs.

4.3 We are not liable for any technical or other error or failure which results in the Rewards Points not being recorded on a Rewards Card and the Member’s Account.

4.4 Rewards Points will accrue on:

  • Qualifying Purchases of items on discount unless they are Excluded Items; and
  • Account sales and lay-bys paid in full.

4.5 Rewards Points will not accrue on:

  • the Rewards Points used in a purchase transaction;
  • payments received on behalf of third parties;
  • payments received for subsidised government services;
  • gift card purchases;
  • historical purchases where a Rewards Card was not presented; and
  • Qualifying Purchases which we consider (in our absolute discretion) as a purchase made for the purpose of export.

4.6 Any Rewards Points issued as a result of fraud, dishonesty or error, or that relate to a purchase by a Member that is subsequently cancelled or refunded, will be cancelled by TWCM.

4.7 Additional Rewards Points may be earned from time to time in relation to special promotions of particular goods or services as advertised by us. Earning of these additional Rewards Points will be governed by any specific terms and conditions applicable to the special promotion in addition to the Full Terms and Conditions.

4.8 Rewards Points on your Member’s Account will expire and be cancelled 18 months after the date the Reward Points are issue.

4.9 Once you have accumulated sufficient Rewards Points to reach the Points Threshold, you will on presentation of the Rewards Card in a Pharmacy, be able to apply all or part only of their Rewards Points at the Redemption Rate in part or full payment of any Qualifying Purchase. After the Points Threshold has been reached, there is no minimum value of Qualifying Purchases that Rewards Points can be applied to.

4.10 If as a result of applying all or part of your Rewards Points in part or full payment of any Qualifying Purchases, the number of Rewards Points you have is less than the Points Threshold, you will need to accumulate sufficient Rewards Points to reach the Points Threshold again before you can use your Rewards Points.

4.11 The Pharmacy shall be entitled to assume on presentation of the Rewards Card that the presenter is either the Member to whom the Reward Card was issued or has the permission of the Member and is entitled to redeem the Rewards Points.

4.12 Pharmacies participating in the Rewards Program agree to assume all loss and liability of meeting redemptions of Rewards Points by Members.

4.13 Rewards Points can only be used by the Member to whom it is issued. A Member cannot combine Rewards Points from more than one Rewards Card in order to reach the Points Threshold.

4.14 We may at any time and in our sole discretion, and without prior notice to you, withdraw, limit, modify, cancel or increase the continued availability of Rewards Points or the Points Threshold.

5. Qantas Frequent Flyer Program

5.1 We have partnered with Qantas to enable Standard Members to convert Rewards Points earned under the Rewards Program to Qantas Points. The terms and conditions that regulate the conversion of Rewards Points to Qantas Points are as detailed in clauses 6 and 7.

5.2 The Qantas Frequent Flyer program is owned, operated and administered by Qantas. You must be a Qantas Frequent Flyer member to earn and redeem Qantas Points. Qantas Points can only be allocated to a Qantas Frequent Flyer Account.

5.3 Qantas Frequent Flyer membership is governed by Qantas. Only individuals may be credited with Qantas Points (that is, companies, firms, associations and other organisations are not eligible to be credited with Qantas Points).

5.4 The Qantas Frequent Flyer Terms govern the benefits associated with Qantas Points (after they have been credited to a Qantas Frequent Flyer Account), including earning, crediting and redeeming of Qantas Points. The Qantas Frequent Flyer Terms also include terms and conditions for earning Qantas Points on Qantas and other airlines (and other non-airline partners), redeeming points for Awards, changes to the Qantas Frequent Flyer program, cancellation of your Qantas Frequent Flyer membership and/or Qantas Points, expiry of Qantas Points, and privacy related matters etc. Other terms and conditions for earning Qantas Points from other Qantas program partners, and for redemptions and Awards, also apply. For the Qantas Frequent Flyer Terms please see https://www.qantas.com/au/en/frequent-flyer/discover-and-join/terms-and-conditions.html.

5.5 Qantas may make decisions about the Qantas Frequent Flyer program which may affect a Member’s earning and redemption of Qantas Points and Qantas Frequent Flyer membership.

5.6 Qantas recommends that you consult a tax advisor to ensure that you understand possible tax and fringe benefits tax implications, if any, related to a Standard Member’s Qantas Frequent Flyer membership.

6. Qantas Points Election and Opt Out Process

6.1 To convert your Rewards Points to Qantas Points, you must:

  • be a Standard Member and not a Member+ member; and
  • make an Election.

6.2 If you are not a Qantas Frequent Flyer member, you can join for free online at https://www.qantas.com/terrywhite

6.3 You can only link one Qantas Frequent Flyer Account to your Member Account. We and our Pharmacies are not liable to you for any loss, including Rewards Points or Convertible Reward Points once they are converted to Qantas Points in a Qantas Frequent Flyer Account.

6.4 You can make an Election by either:

  • linking your Member’s Account to an existing Qantas Frequent Flyer account online at members.terrywhitechemmart.com.au by following the prompts;
  • making a request at a Pharmacy; or
  • joining or linking an existing TerryWhite Chemmart Rewards account to your Qantas Frequent Flyer account via https://shopping.qantas.com/

6.5 You will have until the end of the Switchover Period to use all Rewards Points that have been earned but unused at the time of the Election.

6.6 During the Switchover Period, you:

  • will continue to earn Rewards Points subject to these T&Cs like ‘Points Threshold’ and ‘Qualifying Purchases’; and
  • any Rewards Points earned will not be eligible to be converted to Qantas Points.

6.7 At the end of the Switchover Period all Reward Points will be reset to nil. After the Switchover Period and until an Opt Out, all Rewards Points earned will be classified as Convertible Rewards Points and be reserved for conversion to Qantas Points in accordance with an Election. Convertible Rewards Points cannot be used in part or full payment of any Qualifying Purchases.

6.8 If you:

  • have a nil Rewards Points balance; or
  • make an Election within 24 hours of first becoming a Member; or
  • at the time of making an Election, elect to reset your Rewards Points balance to nil,

We will not apply a Switchover Period and all Rewards Points earned by you will be classified as Convertible Rewards Points.

6.9 If you subsequently Opt Out, all Convertible Rewards Points accrued at the time of the Opt Out will be reclassified as Reward Points and will be able to be used by you in accordance with these T&Cs within 24 hours of opting out. This includes being able to apply all or part only of those reclassified Reward Points at the Redemption Rate in part or full payment of any Qualifying Purchase.

6.10 You can Opt Out online at members.terrywhitechemmart.com.au by following the prompts.

7. Conversion to Qantas Points

7.1 Convertible Rewards Points will be reserved for conversion into Qantas Points on each Conversion Date.

7.2 Subject to a Qantas Frequent Flyer Account remaining linked at the Conversion Date, Convertible Rewards Points will be converted into Qantas Points at the Conversion Rate (rounded up to the nearest whole Qantas Point).

7.3 Subject to the Qantas Frequent Flyer Terms, Qantas Points will ordinarily be available in the linked Qantas Frequent Flyer Account within 7 business days following the Conversion Date. Once Qantas has issued Qantas Points for Convertible Rewards Points, they cannot be reconverted or reclassified back to Rewards Points should you subsequently Opt Out.

7.4 If a linked Qantas Frequent Flyer Account is invalid at the time of the Conversion Date all Convertible Rewards Points will not be converted to Qantas Points and will remain classified as Convertible Rewards Points until you either:

  • Opt Out, at which point all Convertible Rewards Points will be reclassified to Rewards Points to be used in part or full payment of Qualifying Purchases in accordance with the T&Cs; or
  • make a new Election, in which case clause 6 will apply.

8. Changes to the Program

8.1 We may at any time, in our absolute discretion and with or without prior notice to you, change the Full Terms and Conditions including these T&Cs, suspend or terminate the Rewards Program or cancel your membership.

8.2 Without limiting clause 8.1, we may at any time in our absolute discretion and without notice, cancel Rewards Points, introduce an expiry date for use of Rewards Points credited to a Rewards Card, or make any other change which has the effect of changing Rewards Points credited to or may be credited to a Rewards Card.

8.3 Without limiting clause 8.1, we may at any time our absolute discretion and without notice, modify or otherwise change which goods or services are Qualifying Purchases, the number of Reward Points that will be recorded on a Rewards Card and into a Member’s Account for purchases of Qualifying Purchases, what payment means are approved payment means for earning Reward Points, remove a Pharmacy from participating in the Rewards Program.

8.4 If we terminate the Rewards Program, any Rewards Points remaining on any Rewards Card or Member’s Account will be cancelled and neither a Pharmacy nor TWCM shall have any liability to any Member or former Member.

8.5 We may endeavour to advise Members of altered or new conditions regarding the Rewards Program via our website, or posting a notice in a Pharmacy, or by such other means including email or SMS that we may determine. Neither the Pharmacy nor TWCM will be liable for, and the Member agree not to make a claim, in respect of any failure to advise Members of altered or new conditions regarding the Rewards program.

9. Limitation of Liability

9.1 All conditions and warranties, whether express or implied and whether arising under statute or otherwise, as to the condition, suitability, quality, fitness or safety of any goods or services supplied under the Rewards Program are expressly excluded to the full extent permitted by law. Any liability TWCM and a Pharmacy may have to you in respect of such goods or services which cannot be excluded is limited, where permitted, to supplying, or paying the cost of supplying, the goods or services again.

9.2 TWCM is not liable for: any delay in issuing or replacing a Rewards Card; any use of a Rewards Card by a person other than the Member and any benefits derived from the use of the Rewards Card by that other person; your failure to present the Rewards Card at the time of making Qualifying Purchase; any delay, failure or inability to accurately record the details of any transaction or credit Reward Points to a Rewards Card; any loss or theft of or damage to a Rewards Card; any correspondence between TWCM and you that is lost or delayed in the mail; and the suspension or termination of the Rewards Program or Reward Points.

9.3 The benefit of any exclusion or limitation of liability in these terms and conditions also applies to the Pharmacy. Pharmacies do not have any authority, express or implied, to make any representation, warranty or statement on behalf of TWCM and TWCM accepts no liability in respect of such representations, warranties or statements.

10. Privacy Policy

10.1 We recognise that your privacy is very important to you and that you have a right to control your personal information. We know that providing personal information is an act of trust and we take that seriously. We are committed to responsible privacy practices and to complying with the Privacy Act 1988 (Cth) (Privacy Act), including the Australian Privacy Principles (Privacy Principles) and Notifiable Data breaches scheme contained in the Privacy Act, and where relevant, applicable state and territory health records legislation. Our Pharmacies are also required to comply with Privacy Act and the Privacy Principles.

10.2 Our Privacy Policy sets out our policies on the management of personal information including how we collect personal information, the purposes for which we use this information, and to whom this information is disclosed. We may change our Privacy Policy from time to time at our discretion. At any time, the latest version of our Privacy Policy is available from our website at www.terrywhitechemmart.com.au/privacy-policy/.

10.3 We also have specific privacy provisions that apply to our Rewards Program, which are detailed in these T&Cs and which supplement our Privacy Policy. In the event of inconsistency, the specific privacy provisions in these T&Cs will prevail over our Privacy Policy.

10.4 You consent to us and Pharmacies collecting your details provided within the Application Form. You also consent to TWCM and a Pharmacy collecting your personal and sensitive information (including details of your use of the Rewards Card, the products and services purchased by you from a Pharmacy including medicines, dispensary items and other health information).

10.5 We collect your personal information in order to administer and operate the Rewards Program. By becoming a Member you authorise us and the Pharmacy to also use your personal information to:

  • market products and services to you based on your activity;
  • assist the Pharmacy to provide you with certain products and services; and
  • analyse customer demographics, health, prescription, adherence and purchasing trends so that we can tailor our products and services.

10.6 We may disclose to, and utilise the services of Participating Pharmacies, Intellipharm Pty Ltd, Go Bookings Pty Ltd, 1stGroup Limited, Oracle Corporation Australia Pty Limited, and MedAdvisor International Pty Ltd (Third Party) to do any of the following in relation to sensitive information collected from the administration and operation of the Rewards Program:

  • collect, store and provide to us or a Participating Pharmacy, your personal information including sensitive information;
  • analyse customer demographics, health, prescription, adherence, and purchasing trends; and
  • provide targeted marketing of products and services based on your activity.

10.7 The information collected and stored by our Third Parties may be disclosed back to us and to the Pharmacy that you completed an Application Form at or obtain products and services from.

10.8 If you became a Member through one of our partners, you expressly consent to us and our Pharmacies providing your personal information to that partner for reconciliation purposes. We and our Pharmacies

will not provide your personal and sensitive health information to a partner.

10.9 We may disclose your personal information to third parties to administer and operate the Rewards Program. This may include sharing your personal information with other service providers that may provide products and services to us including suppliers, marketing agencies, data analysis specialists, data processing organisations, billing and debt recovery providers, website and data hosting providers, Rewards Program administrators and other IT suppliers. If we disclose your personal information to such service providers, we will take reasonable steps to ensure that the information is deidentified (if possible).

10.10 We will take reasonable steps to ensure that our Pharmacies, Third Parties, our partners, and other service providers only use your personal information as reasonably required for the purpose we disclosed it to them and in a manner consistent with the Privacy Act and Privacy Principles and where commercially practical include suitable privacy and confidentiality clauses in our agreements with them.

10.11 Some of the third parties to whom we disclose personal information may be located outside the state or territory in which the information was collected or outside Australia. The state/territories and countries in which such third parties are located will depend on the circumstances. For example, we may disclose personal information to our related companies overseas and to our overseas service providers. In the ordinary course of business, we commonly disclose personal information to third parties (for example, offshore data centres located in New Zealand and USA).

10.12 We will not otherwise disclose your personal information to other companies without your consent.

10.13 We will take reasonable steps to keep any personal information we hold about you secure. Our website (including the REWARDS portal) is a secure and controlled environment. This includes the use of SSL/https 128-bit encryption whenever sensitive information is transferred across the internet. Please notify us immediately if you become aware of any breach of security. We try to maintain your personal information as accurately as reasonably possible. We rely on the accuracy of personal information as provided to us both directly (from you) and indirectly.

10.14 We will take any privacy complaint seriously and any complaint will be assessed by an appropriate person with the aim of resolving any issue in a timely and efficient manner. We request that you cooperate with us during this process and provide us with any relevant information that we may need.

10.15 Please address all privacy complaints and requests to update or access information to:

Attention: Privacy Officer TW&CM Pty Ltd
Ground Floor, 50 Park Road,
Milton, QLD 4069
OR
reception@twcmhealth.com.au

10.16 Any requests to access, update or correct your personal information should be made in writing.

10.17 If you are not satisfied with the outcome of our assessment of your complaint, you may wish to contact the Office of the Australian Information Commissioner (click here for information) or other relevant regulators.

11. Disputes

11.1 Any question or dispute regarding the Rewards Program or which arises in connection with a Member’s participation in the Rewards Program, will be resolved by TWCM in its sole discretion.

Last updated: 27th November 2019