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Terms and Conditions
Chemmart® Rewards Terms and Conditions
Chemmart® Online Terms and Conditions
Chemmart® Rewards Terms and Conditions
Becoming a Member
A person may become a member (‘Member’) of the Chemmart® Rewards Program (‘Program’) by completing and returning this
application form and being issued with a membership card (‘Card’). In applying for and/or using the Card the person agrees to
be bound by these terms and conditions, including any variation to them from time to time. Only a natural person may become
a Member of the Program. The Program is operated and managed by Symbion Pharmacy Services Pty Ltd ABN 25 000 875 034
(‘Manager’), 7/5 Queens Road, Melbourne VIC 3004. The Manager may refuse to accept a person as a Member of the Program
at its discretion. The Member’s existing membership of any other loyalty program with a Chemmart® Pharmacy will be cancelled
immediately on acceptance of the Member’s application to join the Program.
Earning Chemmart® Cash
The Card can be used by Members to earn Chemmart® Cash by presenting it when purchasing non-prescription items and
non exempt items at any Chemmart® Pharmacy participating in the Chemmart® Rewards program. The Manager will issue
the Member five cents of Chemmart® Cash on every $1.00 spent on non-prescription and non exempt items at participating
Chemmart® Pharmacies. Chemmart® Cash cannot be earned on prescription items or exempt items. Bonus Chemmart® Cash
may be earned from time to time in relation to special promotions of particular goods or services. Any Chemmart® Cash issued
as a result of fraud, dishonesty or error, or that relate to a purchase by the Member that is subsequently cancelled or refunded,
will be cancelled by the Manager. Chemmart® Cash and any benefit that they confer are not property, do not have any cash
or monetary value and cannot be sold, transferred, assigned or otherwise dealt with otherwise than in accordance with these
terms and conditions. The Card is not a credit card or charge card, is not transferable, and remains the property of the Manager.
Members must notify the Manager if they change their address or if the Card is lost or stolen. “Exempt items” are items that
are exempt from earning Chemmart® Cash when purchased as advised by the Member’s Chemmart® Pharmacy or by the
Manager from time to time.
Using Chemmart® Cash
Once a Member wishes to redeem an amount of Chemmart® Cash, the Member may use such Cash at any Chemmart® Pharmacy
participating in the Chemmart® Rewards program in part or full payment for non-prescription items up to the amount of
Chemmart® Cash balance available on their card. Chemmart® Cash cannot be redeemed for cash and may only be used in whole
and not in part. No cash refund will be made where the Chemmart® Cash balance on the Card exceeds the price of the items
purchased. Chemmart® Cash can only be used by the Member to whom it is issued.
Privacy
The Member consents to the Member’s Pharmacy and the Manager collecting information concerning the Member
(including information contained in this application form and information concerning the Member’s Chemmart® Cash balance
and purchases from the Member’s Pharmacy) and making this information available to the Manager’s related bodies corporate,
Chemmart® Pharmacies participating in the Program (including the Member’s Pharmacy) and the Manager’s subcontractors
involved in the operation of the Program. The Member consents to this information being used by the Manager and its related
bodies corporate and Chemmart® Pharmacies participating in the Program, for direct and other types of marketing, planning,
product development, research and other purposes relating to the Program. The Chemmart® full privacy policy can be accessed
at www.chemmart.com.au or by contacting the Manager at the address above. Any request to access or update personal
information should be made to the Manager. The Manager will generally provide you with access to your information if
practicable (although a reasonable fee may be imposed).
Changes to the Program
The Manager may at any time, at its discretion and with or without prior notice to Members, change these terms and conditions,
suspend or terminate the Program or cancel a person’s membership, even if this would: reduce or eliminate the number, value or
length of validity of, Chemmart® Cash already issued; or result in cancellation of Chemmart® Cash already issued.
The Manager will use its reasonable endeavours to notify Members of any significant changes to the Program by posting a notice
in the Member’s Pharmacy, or by such other means as the Manager may determine, but is not obliged to do so.
General
The Member acknowledges that: the Member’s Pharmacy does not have any authority to make any representation, warranty
or statement on behalf of the Manager in relation to the Program; and goods and services supplied upon redemption of a cash
voucher are supplied by the Member’s Pharmacy and not by the Manager. To the maximum extent permitted by law, the
Manager: expressly excludes any conditions or warranties (whether express or implied and whether arising under statute or
otherwise) as to the condition, quality or fitness for any purpose of any goods or services supplied by the Member’s Pharmacy;
and expressly excludes any and all liability for any loss or damage (whether arising out of breach of these terms and conditions,
tort or statute) suffered or incurred by a Member as a result of any act or omission of the Manager (or its subcontractors)
or a Member’s Pharmacy in relation to the Program, including without limitation, any change to, suspension, or termination
of, the Program, the cancellation of any person’s membership in the Program, or any errors or omissions in recording or
issuing Chemmart® Cash. Chemmart is a registered trademark of Symbion Pharmacy Services Pty Ltd.
Chemmart® Online Terms and Conditions
LEGAL NOTICES
1. TERMS AND CONDITIONS OF USE
This site www.chemmartrewards.com.au (“website”) is owned and operated by Symbion Pharmacy Services Pty Ld ABN 25 000 875 034, a subsidiary of Symbion Health Limited (Chemmart® Head Office). Your access to the website is conditional upon your acceptance and compliance with the terms and conditions contained in this document and elsewhere on the website, (known collectively as “Conditions of Use.”)
2. ACCEPTANCE OF CONDITIONS OF USE
You acknowledge and accept that by using this website, you agree to be bound by these Conditions of Use. If you do not agree with any of the Conditions of Use, do not use this website.
Chemmart® Head Office reserves the right to amend the Conditions of Use at any time with or without notice to you. The amended terms of Conditions of Use will be effective immediately. Continued use of the site following any change to these Conditions of Use will be deemed acceptance of those changes. These Conditions of Use were last amended on 30 June 2006.
3. RESTRICTIONS OF USE
You must not use this website in any manner or for any purpose which is:
a) unlawful or in any manner which violates any right of Chemmart® Head Office or third party ; or
b) is prohibited by the Conditions of Use.
4. INFORMATION COLLECTED ON THE WEBSITE
Each time someone visits the website, we may collect the following information:
a) The number of users who visit
b) The date and time of users
c) The number of pages viewed
d) How users navigate the site
Chemmart® Head Office does not identify personal information regarding individuals browsing the site. The data captured is used so that Chemmart® Head Office can accurately evaluate the content of the website and make improvements.
5. HOW INFORMATION IS COLLECTED ON THE SITE.
We use cookies when you visit our site. Cookies are small pieces of information which can be stored on your hard drive. They record information about your visit to the site. Most web browsers can be configured to notify you when a cookie is received, allowing you to either accept it or reject it. You may inspect cookies on your hard drive and delete them. If you disable the use of cookies or remove them, you may not be able to gain access to all of the content and facilities of this website. The cookies we send to your PC cannot in any way read your hard drive, obtain any information from your browser or direct your computer to perform any specific actions. They are not designed to be sent to another site, and/or be retrieved by another site.
6. COPYRIGHT
Unless expressly indicated to the contrary, Chemmart® Head Office or its licensors own all copyright in all texts, graphics and layouts (“Material”) on this website. Except as indicated below, or as permitted under the Copyright Act 1968 (Cth) or applicable laws, you must not copy, modify, transmit or distribute any Material on this website. You acknowledge that you do not acquire any ownership rights by downloading Material from this website.
7. REPRODUCTION
You may reproduce in whole or in part the Material only if:
a) the reproduction is not for public or commercial purposes; and
b) you do not remove or modify any notices of attribution of copyright or, if there are no such notices, you clearly attribute Chemmart® Head Office as the copyright owner or licensee of the work.
Except as expressly provided above, nothing contained in this document shall be construed as conferring any license or right under any Chemmart® copyright.
8. HOTLINKS
From time to time, this website may contain links to web sites operated by third parties. Chemmart® Head Office does not approve, endorse or sponsor any content or Material on third party websites. Chemmart® Head Office is not responsible for and disclaims any liability arising in connection with the contents of any linked web site nor any hyperlink contained in the linked web site.
9. DISCLAIMER
The Material on this website is intended to provide general information only and may not be accurate or current. Material is provided on an “as is” and “as available” basis. Chemmart® Head Office does not warrant or make any representations concerning the completeness, timelines, suitability or accuracy of any Material on this website including, without limitation, the prices of products or services, contained on or accessible through this website, or that access to this website will be uninterrupted, timely or secure. To the maximum extent permitted by law, in no event shall Chemmart® Head Office be liable for any damage of any kind related to the completeness, timeliness, suitability or accuracy of any Material. The use of the website and content is at your own risk.
This website may contain hypertext links, frames or other references to websites operated by third parties. We cannot control the contents of third party websites, and make no warranty about the completeness, timeliness, suitability or accuracy or subject matter of the Material located on third party websites. We do not approve of, endorse, or sponsor any content or Material on third party websites.
We make no warranties or representations that use of Material on third party websites to which this website is linked does not infringe the intellectual property rights of any person anywhere in the world.
We are not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material on third party websites by linking to such Material or allowing such Material to link to this website.
10. LIMITATION OF LIABILITY
To the maximum extent permitted by law, under no circumstances will Chemmart® Head Office be liable for any indirect, incidental, special or consequential damages, including damages for loss of business or other profits, arising out of or referable to the accessing, downloading, using or relying on any Material on this website or any material on a third party website, whether caused by negligence of Chemmart® Head Office or otherwise.
The liability of Chemmart® Head Office for a breach of a condition or warranty implied by law and to which cannot be excluded, is limited, to the extent possible, at Chemmart ® Head Office’s option to:
a) the supply of the goods or services again; or
b) the repair of the goods; or
c) the payment of the cost of having the goods or services supplied again or repaired.
11. VIRUS WARNING
Chemmart® Head Office does not represent or warrant that any files or other Material obtained from or through this website are free from computer viruses or other defects, including trojan hoses and worms. Any such files are provided, and may only be used, on the basis that the user of such files assumes all responsibility for any loss, damage or consequence resulting directly or indirectly from use of those files.
12. INDEMNITY
You agree to defend, indemnify and hold Chemmart® Head Office, its directors, officers and employees, harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any breach of these Conditions of Use by you, or (to the extent permitted by law) in connection with your use of this website or the placement or transmission of any Material on this website by you.
13. PRIVACY
The Chemmart® Statement of Privacy will also apply to loyalty members’ use of this site. Although Chemmart® Head Office has implemented security measures in relation to information uploaded to the site, you acknowledge that the Internet can be inherently insecure and that Chemmart® Head Office will not be liable or responsible for any breach of security or unintended loss of disclosure of information in relation to the site.
14. TERMINATION
Chemmart® Head Office may, in its sole discretion, terminate or suspend your access to all or part of this website for any reason at any time without notice. In the vent of termination, you are no longer authorised to access the website. All restrictions imposed by you, disclaimers and limitations or liability set out in the Conditions of Use will survive termination.
15. GOVERNING LAW
The Conditions of Use are governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria.
16. SEVERABILITY
If any provision of the Conditions of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Conditions of Use which will continue in full force and effect.
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