Terms & Conditions

General

Welcome to https://www.zenithpharmacy.com.au/ (the “Website”, “Site”). The Website Information (“Content”). The Website is operated by Zen Pharm (ABN 13 625 220 135) (“Zenith Pharmacy“, “we“, “our“,”us“).

Please read these terms and conditions (the “Terms“) carefully. By accessing, browsing, using the website, registering an account, or placing a prescription or product order (“Order“), this signifies that you have read, understood and agreed to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

You accept the Terms by remaining on the Website, or by registering an account on the Site, or using the Site to obtain Products supplied by us.If you access and use any part of the Sites on someone else's behalf, you represent that you have the authority to do so, and accept the Terms, on their behalf. To the extent you do not have such authority, you agree to be bound to the Terms and to accept liability for any harm or loss caused by any wrongful use of the Sites or Content resulting from such access or use. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing, purchasing or using the Site.

Modification

We reserve the right to review and change any of the Terms by updating this page at our sole discretion. When we update the Terms, we will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

Applicable Law

The Terms are governed by the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, Australia.

Prices

Prices are inclusive of GST and are displayed in Australian Dollars (AUD) on our Site.

Prices are subject to change, effective immediately upon posting to the Site or other form of notification.

Updates of pricing on Google search results for Zenith Pharmacy products may be delayed, check Zenith Pharmacy in-store or online for current pricing.

Registering an Account

You agree you are responsible for:

Providing and maintaining accurate information about yourself when requested by a relevant form on our website or in connection with your Zenith Pharmacy Account. Any information you give us will be held and used by us in accordance with our Privacy Policy

• Maintaining the confidentiality of your account details, including any username and password;
• Restricting third party access to your account via your devices;
• All activities that occur under your Zenith Pharmacy Account.

Intended Use

By placing an Order or registering an account with us, you agree to use the products or services only for their intended purpose. If you use the products or services for any other purpose, you will assume full responsibility for any loss or damage arising out of such use.

Placing Orders

To place an Order, you must;

• meet the eligibility criteria listed below; and
• provide your personal and payment details, including your full name, phone number, e-mail address and any other requested information. By providing these details, you represent and warrant that they are valid and correct and that you are the person specified in the ‘Billing information’ section.

You will meet the eligibility criteria if:

• you hold a valid credit or debit card issued by a bank that is acceptable to ZENITH PHARMACY or you hold another means of payment that is acceptable to ZENITH PHARMACY, such as a valid Paypal or Afterpay account (Alternative Payment Method);
• you have authorised ZENITH PHARMACY to process one or more charges on your credit or debit card or Alternative Payment Method in an amount equivalent to the total purchase price for the products or services that are the subject of the Order.

We may use your personal information (eg your personal and payment details) for the purpose of performing credit checks. Where necessary, we may transmit or obtain information or updated information about you (including your card number) to or from third parties for the purposes of authenticating your identity, validating your card, obtaining an initial credit card authorisation and / or authorising individual purchase transactions.

Please refer to our Privacy Policy for further information about how we use your personal information.

We have a responsibility to provide you with a secure payment gateway. To protect the interests of you and your financial institution, we conduct and implement fraud detection processes, including monitoring suspicious transactions and verifying the authenticity of orders. If your order (or your nominated payment method) triggers our fraud prevention protocols, we may contact you to confirm additional details. Your order must pass our fraud prevention protocols before it will be fulfilled. If we are unable to obtain authorisation for payment, or you do not provide the requested information within the required timeframe, your order may be cancelled and payment returned, if applicable, via the original payment method. In those circumstances, your bank may take 3 to 5 working days to clear the funds back into your account.

We reserve the right to:

• Reject your offer at any time at our discretion, including in the event that we are unable to obtain authorisation for payment, the goods or services are unavailable or that you do not meet the eligibility criteria set out, or otherwise contemplated, in the Terms;
• Restrict or limit the quantity of particular goods being shipped to any one customer or postal address.

Payment

Where the option is given to you, you may make payment for the Order (the’ Order Fee’) by way of:

(i) Electronic funds transfer (‘EFT‘) into our nominated bank account

(ii) Credit Card Payment (‘Credit Card‘)

(iii) PayPal (‘PayPal‘)

All payments made in the course of placing orders are made using ANZ eGate.

In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the ANZ eGate terms and conditions which are available on their website.

You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.

You agree and acknowledge that we can vary the Services Fee at any time. Please note it is a legal requirement that we have your original prescription on file as well a faxed or texted copy. Please ensure you or your doctor have provided the original in order to successfully receive your prescription upon completion of your payment.

Shipping

For prescription orders, you will have to be present to accept delivery of your prescription order. Shipping of orders is governed by our Shipping Policy.

Bulk Orders

Products available to order online are in retail quantities. If you are wanting to place large quantities of a product/s please contact the Zenith Pharmacy team and we will be in touch to assist with your order. For orders greater than standard retail quantities and or exceeding 5kg, we will classify this as a “Bulk Order”, and your Order may attract an additional handling charge.

Lost or Damaged Goods

If your order is lost or damaged in transit, please contact our Pharmacy team on (02) 9687 7403 Monday to Sunday 9am - 5pm AEST or Contact Us. If you have not received your order within 5 working days after the order has been dispatched.

Prescriptions

It is a legal requirement that we receive either your original prescription over the counter or an electronic e-prescription (e-token) via email or SMS text a copy received from your doctor on your behalf before you can successfully receive your prescription.

In addition to original prescriptions, please also SMS text your prescription details to 0418 711 732.

Refund Policy

• For prescription refunds, we will provide you with a refund of the prescription Order in the event we are unable to fulfil your prescription order or if we make a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (“Refund”).
• Refunds are governed by our Privacy Policy.

Offers and Specials

All terms of an offer must be met.

Offers including multibuy offers are valid only for the period specified and will end at 11:59am AEST on the end date, unless stated otherwise in the offer terms. Items on sale during a ZENITH PHARMACY sale offer will be subject to an order quantity limit per customer, per order, which we may determine or amend (in our absolute discretion) at any time.

Please note offer periods are subject to product availability and will terminate early if stocks run out.

We reserve the right to vary, withdraw or cancel offers for any reason at any time.

Warranties

All goods supplied by Zenith Pharmacy shall be subject to the Manufacturers period of warranty. Zenith Pharmacy shall be under no liability under the above warranty if the total price for the Goods have not been paid by the due date for payment.

Information on this Site

At Zenith Pharmacy, we give importance to the medical integrity of our Content, the Content on the Site is general information only and is designed for you to be able to inform yourself, generally, of medical conditions and concepts.

While we make every effort to ensure the Content is current and accurate, we do not guarantee its accuracy.

Before you act, or rely on any of our Content, you need to seek your own medical or other advice.

Third Party Websites

The Zenith Pharmacy website contains links to other websites controlled by third parties (Third Party Websites). We are not responsible for any content on Third Party Websites nor does it endorse or approve such websites. If you choose to visit these Third Party Websites you do so at your own risk and should make your own enquiries before relying on any content contained on such Third-Party Websites.

Force Majeure

Zenith Pharmacy shall not be responsible for any delay in delivery or failure to deliver Products arising out of any circumstances outside of our reasonable control or the control of its suppliers.

Copyright and Intellectual Property

The Website, the Content and all of the related products of Zenith Pharmacy are subject to copyright. The material on our Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by us or our contributors.

All trademarks, service marks and trade names are owned, registered and/or licensed by us.

Zenith Pharmacy retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

• (i) Business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
• (ii) A right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
• (iii) A thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

You may not, without the prior written permission of Zenith Pharmacy and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the

Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

Limitation of liability

Zenith Pharmacy’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

You expressly understand and agree that ZENITH PHARMACY, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

Indemnity

You agree to indemnify Zenith Pharmacy, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;

(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

(iii) any breach of the Terms.

Dispute Resolution

In the event of any dispute under these Terms the parties agree to negotiate in good faith to resolve the dispute. Disputes should be lodged with the Pharmacy team at first instance.

Notice: A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:

(i) Within 30 days of the Notice endeavour in good faith to resolve the Dispute by negotiation or such other means upon which they may mutually agree.

Venue and Jurisdiction

The goods and services offered by Zenith Pharmacy 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 New South Wales, Australia.

Severance

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 rest of the Terms shall remain in force.

General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(ii) Zenith Pharmacy will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Zenith Pharmacy make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of ZENITH PHARMACY) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

(iii) costs incurred as a result of you using the Website, the Services or any of the products of Argyle Street Pharmacy; and

(iv) the Services or operation in respect to links which are provided for your convenience.

Privacy

We take your privacy seriously and any information provided through your use of our Website and/or Services are subject to Zenith Pharmacy’s Privacy Policy. Please view our Privacy Policy here.