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Customer Terms and Conditions

Welcome to KarmaPharma. Our platform connects customers with Partner Pharmacies, making it easy to order prescribed medications.

In these Terms, you and your refer to you and any organisation you represent.

We, us, and our refer to Phenix Health Pty Ltd trading as KarmaPharma (ACN 607 822 266).

These Terms create a contract between you and us. They explain your responsibilities and our obligations.

You must accept these Terms before using our Services.

Capitalised words have defined meanings. Find the definitions at the end of these Terms.

Questions about these Terms? Email us at info@karmapharma.com.au.

Last updated: 18 November 2024.

Important Information

Please read these Terms carefully before accepting them.

Review our Privacy Policy to understand how we collect, use and protect your personal information.

Read clause 1.4 to learn how we may update these Terms.

See clause 12 for important liability exclusions and limitations.

Some third-party links may earn us a referral fee or commission.

Nothing in these Terms limits your rights under Australian Consumer Law.

1.              Platform License and Term

       

1.1   We provide an online platform through our cloud-based website (Platform) available at  https://www.about.karmapharma.com.au/ which connects users of the Platform with pharmacies (Partner Pharmacies).

1.2            These Terms apply from when you create an Account. They remain in effect until your Account ends under these Terms. During this time, we grant you a right to use our Services.

1.3            You must be at least 18 years old to use our Platform.

1.4            Variations: We may amend these Terms at any time by giving you written notice. You accept the changes by clicking “I accept” or continuing to use the Platform. You also accept the changes 30 days after we notify you, whichever occurs first. If you do not accept the changes, you may close your Account by giving us written notice. Your Account will close on the date the changes take effect. After cancellation, you can no longer access our Services or the Platform.

2.               Account

2.1            You must sign up for an Account to access and use our Platform.

2.2            While you have an Account with us, you agree to:

(a)             keep your information up-to-date (and ensure it remains true, accurate and complete);

(b)            keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and

(c)             notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account.

3.               Our Services

3.1            In consideration of your payment of the Price, we will provide the Services in accordance with these Terms, whether ourselves or through our Personnel.

3.2            Our Services include:

(a)             providing you with access to the Platform (Platform Services); and

(b)            facilitating your purchase and delivery of Medications from Partner Pharmacies (Pharmacy Connection Services).

3.3            We will not be responsible for any other services unless expressly set out in these Terms or on our Platform.

4.               Pharmacy Connection Services

4.1            You can place an Order for Medication through our Platform.

4.2           Options are available for you:

(a)             asking your doctor or medical professional to send your Script to your account on the Platform or uploading your Script to the Platform; and

(b)            selecting a Partner Pharmacy and placing an Order for the Medication with the Partner Pharmacy through our Platform.

4.3            You understand that we are not a pharmacy and we do not sell or supply any medications to patients including you. The sale, supply and delivery of the Medication is subject to a separate agreement between you and the Partner Pharmacy. When we provide you with the Pharmacy Connection Services, the Platform has the features and technology to forward your Script to a Partner Pharmacy. You consent to us disclosing your Personal Information to the Partner Pharmacy to provide you with the Script Forwarding Services, and you consent to the Partner Pharmacy contacting us (including the medical practitioner) for any information relating to your Script or your treatment.

4.4            Where you upload a Script to the Platform, you warrant that it is valid and has not been altered in any way. If you upload a Script on someone else’s behalf, you warrant that you have their consent and authority to act as their agent.

Orders

4.5            If you have selected to place an order for the Medication with the Partner Pharmacy through the Platform (Order):

(a)             you will need to select a Partner Pharmacy of your choice from the options on the Platform;

(b)            you can then select the Medication from the list of options available to you; and

(c)             the Platform will generate and issue a tax invoice to you on behalf of the Partner Pharmacy for the price of the Medication and any delivery costs (Order Fees).

4.6            By placing an Order with a Partner Pharmacy through the Platform you understand and agree that:

(a)      we have no control over the conduct of Partner Pharmacies. We accept no Liability for any aspect of your interactions with a Partner Pharmacy;

(b)     it is entirely at the discretion of the Partner Pharmacy whether they dispense the Medications to you; and

(c)      the Partner Pharmacy may contact you to discuss your Script before dispensing any Medications for you.

4.7            To the maximum extent permitted by law, we are not responsible for your interactions with a Partner Pharmacy. This includes the dispensing or compounding of medications on your behalf.

Click and collect

4.8            If you have selected to pick up your Medication from the Partner Pharmacy, the Partner Pharmacy will contact you directly to advise you when the Medication is ready for collection.

4.9            You understand that the Partner Pharmacy may need to view your identification such as a Medicare Card before dispensing the Medication.

Delivery

4.10         Once the Partner Pharmacy has dispensed your Medication, it will arrange collection or delivery to your nominated address. Delivery may occur by courier or post (Delivery Partner).

4.11         To the maximum extent allowed under Law, we are not responsible and accept no Liability for the acts or omissions of the Delivery Partner.

4.12         It is your responsibility to ensure that there is someone at your nominated address who can take delivery of the Medication.

5.               Order Fees

5.1            You will be billed for any Order Fees (by the Partner Pharmacy via the Platform) if you place an Order through our Platform at the time of placing the Order.

5.2            The cancellation and refund of any amounts paid in respect of an Order is strictly a matter between you and the Partner Pharmacy.

5.3            You must not pay, or attempt to pay, the Order Fees using fraudulent or unlawful means. If you pay by debit card or credit card, you warrant that you are authorised to use that card. If you pay by direct debit, you authorise our nominated third-party payment processor to debit your account. By providing your bank account details and accepting these Terms, you confirm that you are the account holder or an authorised signatory.

5.4            We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.

5.5            Taxes: You are responsible for paying any levies or taxes realted to your use of our Services. These may include sales, value-added taxes or withholding taxes. This does not apply where the law rquires us to collect them on your behalf.

6.               Platform License

6.1            While you have an Account, we grant you a right to use our Platform (which may be suspended or revoked in accordance with these Terms). This right cannot be passed on or transferred to any other person.

6.2            You must not:

(a)             access or use our Platform in any way that is improper or breaches any laws, infringes any person’s rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability; 

(b)            interfere with or interrupt the supply of our Platform, or any other person’s access to or use of our Platform; 

(c)             introduce any viruses or other malicious software code into our Platform; 

(d)            attempt to access any data or log into any server or account that you are not expressly authorised to access; 

(e)             use our Platform to send unsolicited electronic messages;

(f)              use data mining, robots, scraping or other data gathering and extraction tools on our Platform; or

(g)             access or use our Platform to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.

7.               Availability, Disruption and Downtime

7.1            We aim to keep our Services available at all times. However, we cannot guarantee uninterrupted access. Scheduled or emergency maintenance may temporarily disrupt pur Services.

7.2            Our Services (including our Platform) may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.

7.3            We will try to provide you with reasonable notice, where possible, of any disruptions to your access to our Services. 

8.               Third Party Providers

8.1            You acknowledge and agree that access to the Platform may be reliant on certain third party providers, including IT providers or CRM providers. You agree to comply with the terms and conditions applicable to the relevant third party providers (Third Party Terms) at all times.

8.2            You acknowledge and agree that if you do not agree to any Third Party Terms, this may affect our ability to provide the Services. 

8.3            To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with any Third Party Terms.

8.4            This clause 8 will survive the termination or expiry of these Terms.

9.               Intellectual Property and Data

9.1            We own all intellectual property rights in our Services (including our Platform). This includes how our Platform looks and functions, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You must not copy or misuse our intellectual property without our written permission. This incldues reverse engineering or atttempting to discover our source code. You must not alter or remove any confidentiality, copyright or ownership noices on our Platform,

9.2            We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.

Your Data

9.3            We do not own any of Your Data. When you upload or enter Your Data into the Platform, you grant us the right to access, analyse, back up, copy, store, transmit, and use it. This right applies while you have an Account and for a resonable period afterwards. We may use Your Data, or share it with third-party service providers to:

(a)             supply our Services to you (for example, to enable you to access and use our Services), and otherwise perform our obligations under these Terms;

(b)            diagnose problems with our Services;

(c)             improve, develop and protect our Services;

(d)            send you information we think may be of interest to you based on your marketing preferences;

(e)             perform analytics for the purpose of remedying bugs or issues with our Platform; or

(f)              perform our obligations under these Terms (as reasonably required).

9.4            You acknowledge and agree that because of the nature of the internet, the processing and transmission of Your Data by us may occur over various networks.

9.5            You are responsible for (meaning we are not liable for):

(a)             the integrity of Your Data on your systems, networks or any device controlled by you; and

(b)            backing up Your Data.

9.6            When you use our Services, we may create anonymised statistical data from Your Data and use of our Services. We may create this data through aggreation or other anonymisation methods. Once anonymised, we own the data. We may use it to provide and improve our Services. We may also develop new services, identify business trends or support other disclosed purposes. We may publish aninyised data if it cannot identify any part of Your Data.

9.7            If you do not provide Your Data to us, it may impact your ability to receive our Services.

10.            Confidential Information and Personal Information

10.1         While using our Services, you may share confidential information with us. You may also reeive confirdential infromation about us. You must not use or disclose our confidential infromation without our permission. You must take reasonable steps to protect our confidential information. We will do the same for your confidential information. Our employees, contractors, professional advisers and agents may access confidential information only when necessary. They must also protect that information and must not misuse or disclose it.

10.2         However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.

10.3         We collect, hold, disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on our website, and applicable privacy laws. Where you place an Order through our Platform, you understand that we will share your Personal Information with the Partner Pharmacy.

10.4         You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent).

10.5         We may need to disclose Personal Information to third parties, inclduing related companies or our service providers (for example, IT and administrative service providers) and professional advisers. . To provide our Services,w e may share information about you with Pharmacies. Pharmacies may also share information with us to facilitate their services and transactions.

10.6         Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you. You agree to provide the requested information within the reasonable timefram we specify.

11.            Consumer Law Rights

11.1         In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms. Our liability for a breach of your Consumer Law Rights is, unless the laws of your jurisdiction state otherwise, limited to either resupplying our Services, or paying the cost of having our Services resupplied.

11.2         Subject to your Consumer Law Rights, we do not provide a refund for a change of mind or change in circumstance.

11.3         If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

11.4         You may have Consumer Law Rights in respect of the sale of Medications made by Partner Pharmacies.

Cancellations and Refunds between you and Partner Pharmacies

11.5         The cancellation and refund of any amounts paid in respect of an Order is strictly a matter between you and the Partner Pharmacy.

12.            Liability

12.1         To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with: 

(a)             your computing environment (for example, your hardware, software, information technology and telecommunications services and systems);

(b)            any event outside of our reasonable control;

(c)             the acts or omissions of the Partner Pharmacy; or

(d)            any use of our Services by a person or entity other than you. 

12.2         Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law: 

(e)             neither we or you are liable for any Consequential Loss;

(f)              a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss; and

(g)             our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to AU$1,000. 

13. Suspension and Termination

13.1         We may suspend your access to our Services where we reasonably believe there has been any unauthorised access to or use of our Services (such as the unauthorised sharing of login details for our Platform). If we suspend your access to our Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate your Account and your access to our Services will end.

13.2         We may terminate these Terms (meaning you will lose access to our Services, including access to your Account) if:

(a)             you breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;

(b)            you breach these Terms and that breach cannot be remedied; or

(c)             you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement).

13.3         You may terminate these Terms if:

(a)             we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or

(b)            we breach these Terms and that breach cannot be remedied.

13.4         You may also terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 14.9), and termination will take effect immediately.

13.5         Upon termination of these Terms we will retain Your Data (including copies) as required by law or regulatory requirements;

13.6         Termination of these Terms will not affect any other rights or liabilities that we or you may have. 

14.            General

14.1         Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.

14.2         Disputes with Pharmacies: We encourage you and the Partner Pharmacy to attempt to resolve disputes (including claims for refunds or remedies) directly and in good faith, either through our Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, you may choose to resolve the dispute through other means, such as mediation. We are not responsible for mediating or resolving disputes between you and Partner Pharmacies.

14.3         Disputes with us: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

If the Dispute is not resolved at that initial meeting refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation; or

14.4         Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including our Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.

14.5         Governing law: Queensland law governs these Terms. Queensland courts have exclusive jurisdiction over any disputes relating to these Terms. This includes any court authorised to hear an appeal.

14.6         Illegal Requests: We reserve the right to refuse any request for or in relation to our Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.

14.7         Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.

14.8         Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.

14.9         Notices: Send any notice to us using the email address listed at the beginning of these Terms. We will send notices to the email address linked to your Account.

14.10      Survival: Clauses 9 to 14 will survive the termination or expiry of these Terms.

14.11      Third Party Sites: Our Platform may include links to third-party websites. Unless we state otherwise, we do not control, endorse or approve those websites or their content. We are not responsible for any third-party website or its content. You should assess whether a third-party website meets your needs before using it. Any goods or services purchased through a third-party website are supplied by that third-party, not us.   We may receive a benefit, including a referral fee or commission, from certain third-party links or featured goods and services. Where this applies we will clearly tell you which links, goods or services may provide us with a benefit.

15.            Definitions

15.1     In these Terms:

Account means an account accessible to the individual or entity who signed up to our Services.

Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of our Services (including our Platform) will not constitute “Consequential Loss”.

Law means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any government or similar authority with the power to bind or impose obligations on the relevant party in connection with these Terms or the supply of the Services.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment. It includes liability arising under statute, contract, equity, tort (including negligence), indemnity or otherwise. Liability may be direct, indirect, present, future, contingent or unascertained. It also includes liability involving you, us or any third party. Medication means any medication or product included in a Script and sold by a Partner Pharmacy.

Partner Pharmacy means a registered pharmacy listed on our Platform that accepts online Scripts

Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.

Platform means our cloud-based platform that we provide you with access to as part of the Services.

Script means a medical prescription that includes an electronic medication prescription that is uploaded on the Platform either by the patient or the medical practitioner. 

Services means the services we provide to you, as detailed in clause 3.2.

Your Data means the information, materials, logos, documents, qualifications, other intellectual property or other data your provide while using our Services. It also includes any any Personal Information collected, used, disclosed, stored or otherwise handled through your use of our Services. Your Data does not include any back-end or internal data generated through your use of our Services. It also excludes outputs that are not generally available to users.