Terms of service

1Pills for Paws ( ABN:24683804720), (we, us, our or Pills for Paws) make buying pet prescription medication and other pet products (together, Pet Pharmacy Products) easy by connecting you and facilitating the sale of Pet Pharmacy Products with our Australian registered pharmacist partner/s (Pharmacist Partner) via our website pillsforpaws.com.au (Pills for Paws Website) or any other application (together, Platforms). Pills for Paws is not a pharmacy and does not sell or offer to sell or supply prescription products or Pet Pharmacy Products on its own behalf. Pills for Paws lists products and provides online order processing and payment services on behalf of our Pharmacist Partner/s. 
All price information on medicines is provided by us as agent acting on behalf of our Pharmacist Partner/s. Pet Pharmacy Products you purchase via the Pills for Paws Website will be dispensed by our Pharmacy Partner/s. 
You acknowledge that by accessing and using this Website or Pet Pharmacy Products, you agree to be bound by the following terms and conditions (Terms). We reserve the right to change the Terms at any time. By continuing to use the Website you agree to be bound by any amended terms and conditions. You should check from time to time to see if the Terms have been amended.

1.By ordering a product on our Website you are making an offer to buy the products ordered from one of our  Pharmacist Partner/s. We will communicate that offer to a Pharmacist Partner who may accept your offer to buy and fill your order. 
2.Any contract pharmacist/patient or pharmacist/customer relationship that exists is between you and the Pharmacist Partner and any sale or supply or offer to sell or supply is by the  Pharmacist Partner and not Pills for Paws.
3.Pills for Paws  Web is not a veterinary practice. We do not provide either pharmacy advice or veterinary advice. We do not advertise, promote, make claims, provide information or encourage the use of any products.  If you have any questions about any pet medication, refer to your veterinarian.
4.You agree that you understand that all products listed on our website are for animal treatment only and must be stored and used only in accordance with all applicable laws, the directions of the prescribing veterinarian, the prescription, any advice given to you by the dispensing pharmacist, label instructions and any advice of the manufacturer. 
5.You will not use the products for any "off label" purposes, for any human or for any animal other than the animal for which it is prescribed, and you will store and handle the product in a safe and secure way. Keep all medicines out of reach of children.
6.Professional advice is required for each particular illness, disease, infection, injury or other medical condition and for dosages of the pharmaceutical product supplied via this website. This information is not to be taken as any sort of medical or veterinary advice whatsoever. You take full and total responsibility for what you do with this information and any resulting outcomes from your actions.
7.The information contained on our website is not intended nor is it implied to be a substitute for professional medical or veterinary advice or any information contained on or in any product packaging or labels. Always seek the advice of your Veterinarian, Pharmacist, or qualified health provider when starting any new medical treatment, continuing with medical treatment or with any questions you may have regarding your animal's medical condition. NOTHING CONTAINED IN THE SERVICE IS INTENDED TO BE OR SHOULD BE TAKEN FOR MEDICAL OR VETERINARY DIAGNOSIS OR TREATMENT.

Usage

8.You acknowledge and agree that you will only use the Pills for Paws Website on a personal and non-commercial basis and information obtained from the Website:
- must not be used, or permitted to be used, for any commercial or non-personal purpose;
- must not be removed, copied or reproduced, unless express permission is given by Us;
- must only be used lawfully and in accordance with these Terms; and
- must not be disrupted in any way, by for example interfering with the software of the Website.

Functionality

9. Neither Pills for Paws nor its Pharmacy Partner, including but not limited to its directors, officers, employees, agents, representatives and third-party content providers, does not under any circumstances make any warranty or representation that the Pills for Paws Website will be uninterrupted or error-free.
10. We make every effort to ensure that our Website is running efficiently and smoothly, however we take no responsibility and will not be liable for the Website being unavailable for any reason whatsoever.

Orders

11.Any information on our Website in relation to Pet Pharmacy  Products is provided by us on behalf of our Pharmacy Partner or wholesaler or supplier.  Any order you place for a Prescription Product is referred to our Pharmacy Partner, who may accept and fill your order, or choose not to accept your order. If accepted, you acknowledge and agree that the sale or supply of the product to you is a sale or supply by the Pharmacist Partner and not by us. 
12. If your order for Pet Pharmacy Products includes products that require a prescription from an Australian registered vet (Prescription), we cannot supply those products to you unless you provide us and the Pharmacy Partner with a copy of the Prescription for sharing with our Pharmacy Partner.   By placing an order for a Pet Prescription Product through our Website, you authorise us, and our Pharmacy Partner, to contact the prescribing veterinarian clinic regarding any Prescription you have given to us. 
13. Once an order is placed in our system our aim is to dispatch it as quickly as possible.
14. If you need to edit or cancel your order you can let us know by emailing us as soon as possible. We will aim to action your request as soon as possible however we may not be able to action your request prior to your order being processed and dispatched. 
15. As advised prior, by ordering a product on our Website you are making an offer to buy the products ordered from one of our Pharmacist Partner/s. We will communicate that offer to a Pharmacist Partner who may accept your offer to buy and fill and dispense your order. 
16. Any pharmacist/patient or pharmacist/customer relationship that exists is between you and the Pharmacist Partner and any sale or supply or offer to sell or supply is by the Pharmacist Partner and not Pills for Paws.
17. Unless you contact us and cancel your order first, if you do not provide the original hard copy valid prescription with your veterinarian's original signature (a photo, scan or emailed copy is not sufficient) from an Australian veterinarian within 14 days, you order will be automatically cancelled and you will be charged a cancellation fee (currently $14.95). Please note your credit card or debit card account is charged at the time you place the order. If your order is declined, we will notify you and refund your payment less any applicable cancellation fee.
18. If our Pharmacy Partner does not hold a physical copy of your Prescription on file or if it is your first time purchasing Prescription products via the our Website, you will be required to upload an image or pdf of your physical prescription when adding the Prescription product to your cart. You will be required to post the pen-signed original Prescription to the following Reply Paid address (no stamp required): 
19. You must post us your original prescription (we need the original even if you've uploaded a copy during checkout). We recommend you use Express Post (not ordinary mail) to ensure your script reaches us in the shortest possible time. We do not accept liability if your prescription gets lost in the mail and our pharmacist partner/s cannot fill your prescription without the original, no matter what the circumstances.
 
20. We or, in the case of Pet Pharmacy Products that require a vet-issued prescription (Prescription Pet Products), our Pharmacy Partner/s, reserve the right to reject your offer to purchase Pet Pharmacy Products for any reason whatsoever, including but not limited to, errors in pricing, errors in Pet Pharmacy Product descriptions and Product unavailability. Under such circumstances, we may contact you to make alternative arrangements. We are not obliged to give you any reason why we've declined to fill any order. 
21. Neither we nor our Pharmacy Partner/s will be liable or responsible for lack of stock or sold out items due to third party supplier or manufacturer issues. If a product is not listed as out of stock when you place your order but it then becomes clear that our supplier cannot get the product to us for a while, we'll usually contact you to let you know and offer another product, a refund or credit. 
22. All orders are your responsibility once delivered to your address (whether or not someone is home to accept collection). 
23. If you have given us or the delivery company (such as Australia Post) "authority to leave" you are confirming that it is safe to leave the item at your premises if no one is home, and we cannot accept any responsibility for loss, theft or damage once delivered). Please note under Australia Post rules effective from 2 April 2017, you will be deemed to have given "authority to leave" if the post office staff member believes it is safe to do so unless you expressly opt out.
24. You are responsible for any costs if your order cannot be delivered or re-delivery attempt is required because you provided incorrect or incomplete address details or if there is not someone at the premises to sign for the order when a delivery attempt is made. You authorise us to charge such costs to your credit card.
25. Shipping insurance will allow you to be compensated in case of lost, damaged, or delayed delivery. If shipping insurance is not chosen, we will not be able to offer any further assistance if your order is lost or subsequently goes missing after it has been deemed delivered by the carrier. The associated risk in leaving parcels unattended is borne by the customer.
26. Refrigerated items: when you purchase a cold chain product, you accept the rare chance that goods will not be delivered in an ideal condition and that no compensation will be offered to replace spoilt goods, even if insurance cover is chosen.

Refunds & Returns of Prescription Medication

27.Several types of goods that either we sell or which are supplied by the dispensing pharmacist are either cannot be returned or are not legally allowed to be returned, including some health and personal care items. Prescription and other medications cannot be returned in compliance with state legislation.
28. By law prescription medication cannot be re-sold after they have left the pharmacy premises.
29. Once a medicine leaves our Pharmacy Partner’s control, it cannot be accepted back, refunded, exchanged, or credited, even if unopened or unused, including in the event of your pet’s passing, a change in treatment, or unused quantities. This is because storage conditions and product integrity can no longer be guaranteed, and re-supply is prohibited by law/legislation.
30. Refrigerated items: when you purchase a cold chain product, you accept the rare chance that goods will not be delivered in an ideal condition and that no compensation will be offered to replace spoilt goods, even if insurance cover is chosen.

Delivery

31. We try to ensure that all Pet Pharmacy Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of our control may result in delays. Pills for Paws does not accept any liability for loss or damage suffered by anyone as a result of any such delays and we shall not be liable for any inaccuracy of information provided in relation to the date and time of delivery.
You can find our full shipping and delivery terms and conditions here
32. Pills for Paws delivers Pet Pharmacy products only in Australia and reserves the right not to ship to remote or rural locations.
33.  As advised above, shipping insurance will allow you to be compensated in case of lost, damaged, or delayed delivery. If shipping insurance is not chosen, we will NOT be able to offer any further assistance if your order is lost or subsequently goes missing after it has been deemed delivered by the carrier. The associated risk in leaving parcels unattended is borne by the customer. 
34. The Pharmacy Partner is HealthSmart Pharmacy University, 1 Grattan St, Melbourne, Vic, 3054

Intellectual Property

35. You acknowledge that all material published or appearing on our Website, including but not limited to designs, logos, graphics, images, icons, photographs, typefaces, software, data, information, pictures, and other materials, including all third party content and user generated content (collectively, Content) is the sole property of the owner of that material, which could be us, the Pharmacy Partner or a third party (Owner). The Content may not be reproduced, published or transmitted without prior written consent from the Owner. Infringement of copyright, trademark and/or other intellectual property rights may result in civil and/or criminal penalties.
36. The words "Pills for Paws" is a registered trademark and governed under intellectual property law. Unless otherwise indicated, all other trademarks appearing on our Website are the property of their respective owners.
37. All rights not expressly granted herein are reserved.

Privacy and Personal Information

38.Please refer our Privacy Policy here for further conditions relating to your personal information, what we collect and how it may be used. By continuing to use our Website you agree to the terms of the Privacy Policy (as amended from time to time).
 
Typographical Errors

39. In the event that a Pills for Paws Product is listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers, we and our Pharmacy Partner reserve the right to refuse or cancel any orders placed for Products listed at the incorrect price, subject to compliance with our obligations under the Australian Consumer Law. Such occurrences may warrant a refund or store credit and will be assessed on an ad hoc basis.
 40. If there is any inconsistency between the prices shown in our emails or other promotional material and the prices shown on the Website due to human or typographical error, we reserve the right to nominate which price the Product will be sold for and we will not be held liable or responsible in any way - again, subject to compliance with our obligations under the Australian Consumer Law.

Content

41. You acknowledge and accept that:

1. The information provided on the our Website or any other material accessed via the Website is general information and should not be construed or used as advice.
2. The content of our Website is subject to change without notice.
3. We reserve the right to update and make changes to the Website without any notice to users of the Website.
4. While we make every effort to ensure that the information and other material provided on the Website is current, reliable, accurate and complete, all information and material on the Website is provided in good faith on an "as is" basis and to the extent permitted by law, we do not warrant or make any representations as to the currency, accuracy, reliability or completeness of information and material provided on the Website.
5. Neither Pills for Paws nor the Pharmacy Partner including, in each case, its directors, officers, employees, agents, representatives and third party content providers, does not accept any responsibility arising in any way (including negligence), and is not liable for any loss (whether direct or indirect), resulting from any reliance or action taken by you on any information or material accessed through the our Website or for errors, or omissions from, the information provided on the Website.
6. Photographs, illustrations and packaging images shown on the Website are a representation of the Pet Pharmacy Products advertised and the appearance of actual Products may vary.
7. You will make your own inquiries and seek independent advice before acting or relying on any information or material provided on our Website.

Third party links

42. The Pills for Paws Website may contain links to other sites on the internet that are owned and operated by third parties (Third Party Website). Those links are provided to you as a free service for your convenience only.
43. Any dealing between you and a Third Party Website is solely between you and the owner of that website and you use and access any Third Party Website at your own risk. 
44. You may not make any claim against Pills for Paws or the Partner Pharmacy in relation to your use and access to any Third Party Website. 
45. Any link from the Pills for Paws Website directing you to a Third Party Website does not imply our endorsement or approval of that Third Party Website, or any product or service being offered, provided, advertised or promoted on that Third Party Website. To the extent permitted by law, we do not make or give any representation or warranty, whether express or implied, as to any matter relating to any Third Party Website, including but not limited to the currency, reliability, accuracy and completeness of information provided on that Third Party Website.

Third party information

46. Information about the Pet Pharmacy Products that are sold on the Pills for Paws Website have been largely sourced from third parties, who are the manufacturers, suppliers and/ or retailers of those Products (Third Party Information).
47. You agree and acknowledge that where the Pills for Paws Website sets out Third Party Information, that Third Party Information is being made available by us to you as a free service for your convenience only. 
48. Whilst we will not knowingly provide incorrect information, any reliance on Third Party Information is entirely at your own risk. 
49. To the extent permitted by law, Pills for Paws does not give any representation or warranty, whether express, implied or otherwise, as to the accuracy, currency, reliability or completeness of Third Party Information provided on the Website and we are not responsible for inaccuracies or errors caused by incorrect information supplied to us by third parties.

Limitation of Liability

50. Where any law provides that a term, condition or warranty in the Terms and liability cannot be excluded, the liability of Pills for Paws  will be limited.
51. Pill for Paws’ total liability shall in no circumstances exceed:
i)in the case of products, the replacement of the products or the supply of equivalent products, the repair of the products, the payment of the cost of replacing the products or of acquiring equivalent products, or the payment of the cost of having the products repaired; or
ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

Indemnity

52. You indemnify and hold us and our related entities, Pharmacy Partner, affiliates, and our and their respective officers, agents, and employees (each, an Indemnified Person), harmless from and against any and all claims, demands, proceedings, losses, costs and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, suffered or incurred by an Indemnified Person due to or arising out of your breach of these Terms.

Coupons and Discount Codes

53. Pills for Paws and the Pharmacy Partner may issue coupons or discount codes from time to time for use on the our Website for Pet Pharmacy Products (Discount Codes).
Discount Codes:
- Cannot be applied to previously placed orders;
- Cannot be used in conjunction with other offers, unless otherwise specified on the Discount Code;
- Are not transferrable (unless otherwise specified on the Discount Code) or redeemable for cash or credit; and
- Must be entered prior to completing your order.
 54. You acknowledge and agree that we reserve the right to:
- Modify the terms of, cancel or restrict the use of Discount Codes at any time for whatever reason;
- Exclude certain Products from Discount Codes.

Severability

55. If any portion of the Terms deemed to be invalid, illegal or unenforceable, that will not affect or impair the validity, legality or enforceability of the remaining terms and those remaining terms shall remain in full force and effect.

Capacity

56. You must be over the age of 18 years and/or able to enter into a legally binding contract to use our Website.

Law

57. These Terms, and your use of our Website shall be governed by the laws of the state of Victoria and you agree to submit to having the matter dealt with in a court within Victoria, Australia (and any appellate courts therefrom).

Interpretation

58. Headings are for ease of reference only and shall not affect the interpretation or construction of these Terms.
59. Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.
Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.
60. References to includes or including or like words or expressions shall mean without limitation.