Terms of service

Upon registering with the Company, the Patient commits to providing accurate and current information. Falsifying personal information, including one's identity, constitutes fraud and may lead to legal action.

Usage Restrictions

By accessing the PHYX website, the Patient agrees to utilise it solely for personal, non- commercial purposes, uphold website security, and adhere to the Company's Terms and Conditions.

Registering on the PHYX website does not imply an obligation to purchase or use our services on the website.

Prohibited Usage

In addition to the other restrictions outlined in the Terms of Service, it is forbidden for the Patient to employ the site or its content:

For any unlawful purpose.
To solicit or encourage others to engage in unlawful activities.
To breach international, federal, provincial, or state regulations, rules, laws, or local ordinances.
To infringe upon our intellectual property rights or the intellectual property rights of others. To engage in activities such as harassment, abuse, insults, harm, defamation, slander, disparagement, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.

To submit information that is false or misleading.

To upload or transmit viruses or any other malicious code that may affect the functionality or operation of the Service, related websites, or the Internet.

To collect or track the personal information of others.

To engage in activities like spamming, phishing, pharming, pretexting, spidering, crawling, or scraping.

For any obscene or immoral purpose.

To interfere with or circumvent the security features of the Service, related websites, or the Internet.

The Company retains the right to terminate the Patient's access to the Service or any related website for any violations of these prohibited uses.

Accuracy, Completeness, and Timeliness of Information

The Company is not accountable if the information available on the website is inaccurate, incomplete, or not up to date. The material provided on this website is for general information purposes and should not be the sole basis for decision-making without consulting more accurate, complete, or timely sources of information. Reliance on the material on the website is at the Patient's own risk.

The website may include historical information, which is provided for reference and is not current. The Company reserves the right to modify the website's contents at any time, with no obligation to update information.

The Patient acknowledges their responsibility to monitor changes to the website.

Service and Price Modifications

Product prices are subject to change without prior notice.
The Company holds the right to modify or discontinue the Service, or any part or content thereof, at any time without notice.

The Company shall not be liable to the Patient or any third party for any alterations, price adjustments, suspensions, or discontinuations of the Service.

The price of any product or service is as indicated on our online store or in a quotation provided by one of PHYX Australia Representatives, unless otherwise expressly stated in writing by a PHYX Australia representative.

The Company exclusively reserves the right to alter the price of any item, items, or orders in the event of a change to the quotation.

The Patient is not entitled to make any deductions from the product or service price related to any set-off or counterclaim against the Company.

Sale of Products

According to Australian regulations, in order to be eligible to receive a prescription and purchase products from the Company, the Patient is required to initially complete a confidential medical questionnaire and register as a patient.
To make a purchase, the Patient must meet the following criteria: they must be at least 18 years of age, possess a valid debit or credit card, be the designated purchaser of the goods, and hold a valid prescription from one of our registered physicians (which will be provided inclusive in the price of the goods).

Upon delivery to the Patient's address, the responsibility for the products rests with the Patient. The Company bears no responsibility in the event of product breakage, improper storage, or usage beyond the expiration date.

Protection of Private Medical Information

As a medical entity, our paramount commitment is to safeguard the Patient's privacy at all times. In compliance with Australian law, we are obligated to gather and maintain the Patient's personal particulars and medical history to facilitate the issuance of prescriptions and medical products. All data, including sensitive medical details, obtained by the Company, is securely stored and remains confidential.

When the Patient engages in product purchases through our store, we collect essential personal information, including but not limited to name, address, and contact information, as part of the buying and selling process.
During the Patient's exploration of our online store, the Company automatically receives the computer's internet protocol (IP) address to obtain information regarding the Patient's web browser and operating system. This data helps our IT department address any website issues promptly.

In the event that email marketing is applicable, we may send the Patient emails regarding promotions, special offers, new product releases, and other pertinent updates, contingent on the Patient's consent.

By providing us with personal information to finalise a transaction, validate a credit card, place an order, or organise a delivery, you are granting your explicit consent for the Company to collect and utilise this information solely for the designated purpose.
If we seek additional consent for secondary purposes like marketing, we will directly request your express approval and provide you with the opportunity to opt in or out.

In the case that the Patient initially consents but later decides to withdraw, they retain the authority to revoke their consent at any time. Please reach out to us at admin@phyx.com.au to communicate your preferences.

Personal Outcomes

The members of the Company's Medical Team cannot provide precise forecasts for individual outcomes or performance and are thus not subject to any liability in this regard.
The outcomes for the products accessible may diverge on an individual basis.

Orders

Any order is contingent upon approval by the Company.
Acceptance will be conveyed through our online store, acceptance will be acknowledged within 2 business days following receipt of a duly executed copy of the order.
Once accepted, this order will evolve into a legally binding agreement between the Patient and the Company.
Following Acceptance, if the Patient wishes to terminate or modify the order, the Patient will be responsible for any manufacturing expenses incurred by the Company up to the point when the Company acknowledges the Patient's written notice of cancellation.

Payments

The Company uses Airwallex Payment for its online transactions.
Airwallex Payment processes online credit card transactions, providing a safe and secure means of collecting payments online.
When the Patient provides their payment information, the Company transmits it via an encrypted connection to Airwallex Payment.
Airwallex Payment uses and processes the Patients' payment information in accordance with their Privacy Policy.
All online credit card transactions performed on this site using Airwallex Payment are secured payments.
Payments are fully automated with an immediate response.
The Patient's complete credit card number cannot be viewed by the Company or any outside party.
The security of the Patient's personal information is extremely important to the Company.
When the Patient enters sensitive information (such as credit card numbers) on our website, we encrypt that information using secure socket layer technology (SSL).
When credit card details are collected, the Company simply passes them on in order to be processed as required.
The Company follows industry standards to protect the personal information submitted to us, both during transmission and once we receive it.
If the Patient has any questions about security on our website, they can email the Company at admin@phyx.com.au

Data Storage

Upon placing an order through the Site, the Company will retain the Patient's Order Information for our records unless the Patient requests the Company to delete this data.

Information Disclosure

The Company will uphold the confidentiality of the Patient's securely stored information, protected behind firewalls, with the following exceptions:

• If compelled by legal requirements to disclose the Patient's information.
  
• In cases where the Patient violates the Terms and Conditions, the Company may disclose such information.

Vouchers and Promo Codes

Vouchers, discounts, and promotions exclusively reduce administrative and/or doctor's fees and do not apply as discounts to Schedule 4 medication.
The Company maintains the right to modify, alter, or remove any sales, vouchers, or discounts without prior notice.

Delivery and Transfer

The Company will effect the delivery of goods to the Patient:

• Subject to availability.
• Without assuming any liability for delays.

Once the Company has delivered the goods to the Patient's designated location, all responsibility and risk associated with the goods will be transferred to the Patient.

It is important to note that, once the package leaves the compounding pharmacy or warehouse, the Company is no longer accountable for the Patient's shipment. In compliance with Australian consumer rights, the risk of loss or damage to the goods shifts to the consumer upon dispatch. While the goods are in transit, the courier company bears the responsibility.

The Company ensures that all goods are securely packed to prevent damage during transit.
In cases of a lost or damaged delivery, the Company is not responsible for issuing refunds or covering losses. The Patient must promptly report any issues to the courier company to initiate a complaint within 48 hours. The Company will assist to provide the necessary documentation for filing a claim. Upon making a purchase from the Company, the Patient commits to accepting the delivery of the product. If the Patient anticipates any challenges in receiving the delivery, they must notify the Company before any delivery attempts are made.
Failed delivery attempts by the courier will result in the goods being held by the courier, and the Patient will be notified of the unsuccessful attempt. The Patient will need to contact the courier, as indicated, to arrange for redelivery or pickup from the courier's depot.
The Company will make reasonable efforts to contact the Patient before delivery to ensure their availability.
Depending on the order's contents, it may be shipped from either the Company's warehouse or the compounding pharmacy. Some orders may be split into multiple packages based on stock availability.
The timeframes provided on this page are purely indicative. It is advisable to utilise the tracking number sent to your email to monitor the delivery schedule.

Ownership Rights

The Patient shall gain possession of the goods from the Company upon delivery.
However, it's important to note that full title and ownership of the goods will only transfer to the Patient once the Patient has settled all outstanding payments owed to the Company for those goods. Until the payment is made in its entirety, the Patient maintains the goods as a bailee on behalf of the Company.

Claims, Disclaimer of Warranties, and Limitation of Liability

Any claims concerning damage or defects in the goods acquired by the Patient must be communicated to the Company in writing within 3 days of the goods' delivery date. Failing such communication, the goods will be regarded as accepted and in satisfactory condition.
Our goods are covered by guarantees that cannot be excluded under Australian Consumer Law. In cases of a major failure, the Patient is entitled to a replacement or refund. The Patient also has the right to request the repair or replacement of goods that do not meet acceptable quality standards or are affected by technical issues.
The Company is committed to ensuring the satisfaction of all our patients with our products. If you encounter any concerns, please reach out to the Company, and we will endeavour, within reasonable bounds, to resolve the issues.
The Company cannot guarantee, represent, or warrant that the Patient's use of our service will be uninterrupted, punctual, or free from errors.
The Company does not guarantee that the results obtained from the use of the service will be precise or dependable.
The Patient acknowledges that we may intermittently suspend the service for indefinite durations or terminate the service at any time without prior notice.
The Patient explicitly accepts that their use of the service, or their inability to use it, is at their sole risk. The service and all products and services delivered to the Patient through the service are

provided "as is" and "as available," unless otherwise explicitly stated by the Company. This means there are no representations, warranties, or conditions, whether express or implied, including but not limited to implied warranties or conditions of merchantability, quality, fitness for a specific purpose, durability, title, or non-infringement.

Under no circumstances shall the Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be held accountable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, without limitation, lost profits, revenue, savings, data loss, replacement expenses, or any similar damages, regardless of the legal basis (whether contract, negligence, strict liability, or otherwise) arising from the Patient's use of the service or any products acquired through the service.

The Company's liability is subject to limitations to the maximum extent permitted by law, as some jurisdictions may not allow the exclusion or restriction of liability for consequential or incidental damages. In such cases, the Company's liability will be limited to the maximum extent allowed by law.

Products and Services

The Company exclusively offers services within Australia only.
The Company retains the discretion to decline the provision of products for reasons related to medical or geographical considerations.
We have made diligent efforts to portray the colours and images of the products on the website as accurately as possible.
While the Company holds the right, it is not obligated to restrict the sale of products or services to specific individuals, geographic areas, or jurisdictions.
The Company maintains the authority to limit the quantities of any products or services available for purchase.
Descriptions of products or product pricing are subject to adjustment at any time without prior notice, at the exclusive discretion of the Company.
The Company holds the prerogative to discontinue any product at any time.
Please note that any offer for a product or service presented on the website may be null and void where prohibited.
The Company does not guarantee that the quality of any products, services, information, or other materials acquired by the Patient will meet their expectations, nor does it ensure that any errors in the Service will be rectified.

Returns & Refunds

The Company, under no circumstances, accepts returns for reasons related to changes of mind.

Accuracy of Billing and Account Information

The Company maintains the right to decline any order placed by the Patient.
In our sole discretion, the Company may limit or cancel quantities purchased per person, household, or order.
These limitations could involve orders made through the same customer account, the same credit card, or orders with the same billing and/or shipping address.
If the Company decides to modify or cancel an order, an attempt may be made to contact the Patient using the provided email address and/or billing address/phone number given at the time of order placement.
The Company reserves the right to curtail or forbid orders that, in our sole judgement, seem to be placed by dealers, resellers, or distributors.
The Patient agrees to provide accurate, up-to-date, and comprehensive purchase and account information for all transactions conducted through our website.
The Patient also agrees to promptly update their account and other information, including email address, credit card details, and expiration dates, to facilitate the Company in processing their transactions and communication

Third-Party Connections

Some content, products, and services available through the Company may incorporate materials originating from third parties.
Third-party links on this site may redirect the Patient to external websites not affiliated with the Company. The Company is not accountable for assessing or verifying the content or accuracy of such third-party materials or websites. The Company does not endorse or assume any responsibility or liability for these third-party materials or websites.

The Company is not liable for any harm or damages associated with the acquisition or use of products, services, resources, content, or any other transactions conducted on third-party websites. It is the Patient's responsibility to meticulously review the policies and practices of these third parties and ensure they comprehend their terms before engaging in any transaction. For any complaints, claims, questions, concerns, or feedback regarding third-party products, the Patient should communicate directly with the third party.

Third-Party Services

The Company will not be involved in the collection of information by third-party providers. We recommend referring to the Terms & Conditions and Privacy Statements of these third parties, including those linked to via our website.
The Company disclaims any responsibility for the views expressed by guest writers on or off the Company website.

User Comments, Feedback, and Other Submissions

By submitting suggestions, proposals, plans, ideas, or any other materials to the Company, whether through online channels, in writing, via email, our contact page, postal mail, or any of our Social Media platforms, the Patient acknowledges that the Company may utilise, edit, copy, publish, distribute, or otherwise use such materials without any restrictions and in any medium. The Company is not obligated to maintain comments in confidence, compensate for comments, or respond to them.
The Company retains the right to edit or delete content that is deemed rude, unlawful, offensive, obscene, or for any other unspecified reason.
Additionally, the Company reserves the right to block or exclude individuals from our communications if they violate any of the aforementioned guidelines.
The Patient affirms that their comments will not infringe upon any third-party rights, including copyright, trademark, privacy, personality rights, or other personal or proprietary rights.
The Patient also agrees that their comments will not contain defamatory, unlawful, abusive, or obscene material, or any computer viruses or malware that could disrupt the operation of the Service or any related website.
The Patient must not use a false email address, impersonate someone else, or deceive the Company or third parties regarding the origin of their comments.
The Patient is solely responsible for the accuracy of their comments.
The Company bears no responsibility and assumes no liability for any comments posted by the Patient or any third party.

Images, Copyright, Licensing, and Usage

Images featured on the Company's website are intended for general reference purposes only.
All photographic images, illustrations, and other content on this website are the exclusive property of the Company.
The images and website content owned and managed by the Company are safeguarded by Australian and international copyright laws.
No part of these images or content may be reproduced, stored in a retrieval system, or transmitted through any means, electronic or mechanical, without the prior written permission of the Company.
The Company is vigilant in pursuing cases where it believes its copyright has been violated and where it perceives a breach of the law.
All images and content offered by the Company are subject to individual licensing and are non- exclusive.

The copyright for these images always remains with the Company.
The licenses are implemented to protect the Company's rights.
Upon licensing an image, specific usage rights and standard terms and conditions will be outlined. This agreement becomes effective once the license is granted, and the complete licensing and purchasing terms of the Company will apply.
Please contact the Company for access to these terms or for further information.
When the Company licenses images or content, the usage is defined in the invoice and cannot be used for any other purpose or transferred to a third party without prior written consent from the Company.
The license will specify the media use, duration of rights, and the geographic territories for usage. Image reproduction is only permitted once the license terms have been agreed upon, and the license has been confirmed in writing.
Following the use of an image or content with the Company's permission, it must be destroyed after use or upon the expiry of the license term. The content must not be stored beyond this date unless express written permission is granted by the Company.
Any usage of images that does not adhere to these conditions will be considered a violation of the terms and an infringement of copyright. Consequently, the Company reserves the right to seek damages for such violations.
By downloading images or any content from our website, whether through payment or under an agreed pricing arrangement with the Company, you agree to the Company's non-transferable Licensing and Purchasing Terms, which are included with all downloaded files and products and outline the terms and conditions of the license.
A fee is typically required to license any rights-managed image or content.
The fee is calculated based on factors such as media use, reproduction size and placement, duration of use, print run size, and distribution territory.
The Company calculates this fee based on the information provided by the licensee in good faith. Providing incorrect information may result in an additional charge on top of the originally agreed fee and may lead to the cancellation of the license.
If the invoice for the usage fee issued by the Company is not paid in full according to the invoice terms, the license will be revoked, and non-payment will be considered a violation of these terms. Consequently, the Company reserves the right to seek damages for such violations.
Images may not be resold, rented, or reassigned by you, and any third-party use must be agreed upon with the Company under a license in accordance with these terms.
The right to make alterations to any image or content rests with the Company, and any alteration request must be approved in writing by the Company.
All images must be reproduced with an accompanying caption or in the spirit of one. If there is any uncertainty on the part of the licensee, verification should be sought before publication.
For all editorial rights-managed images, the copyright holder or photographer should be credited for any reproduction of their work.
The credit line should read PHYX Australia
Ideally, this credit line should be placed immediately adjacent to the image or in the acknowledgments or credits section.
For all commercial and advertising uses, the Company requests that the licensee makes a reasonable effort to provide the same credit line.
Failure to do so may result in an additional charge of 20% of the original license fee.
The Company requests at least two copies of any publication featuring an image reproduction upon publication.
The licensee is responsible for obtaining all necessary permissions from third parties, including individuals, buildings, art, artistic craftsmanship, animals, trademarks, personality rights, property rights, fine art rights, and more.
The licensee shall indemnify and hold the Company harmless against any and all claims, liability, damages, costs, and expenses (including reasonable legal fees and expenses) arising from the use of any images for which:

• No release was provided in writing by the Company,

• The use of any images exceeds the scope of the release provided by the Company.
  The licensee will also indemnify and hold the Company harmless against all claims, liability, damages, and expenses (including reasonable legal fees and expenses) related to any third-party claim arising from the use of the images and content, including, but not limited to, claims of defamation, right of privacy, right of publicity, and obscenity. The Company's liability for all claims shall not exceed the total invoiced amount per specific image. The Company makes no

representations or warranties regarding the use of any names, trademarks, or works of art depicted in any image or the accuracy of captions accompanying any images.

Errors, Inaccuracies, and Omissions

At times, you may come across information on our site or within the Service that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and product availability. The Company retains the right to rectify any errors, inaccuracies, or omissions. We also reserve the right to modify or update information or cancel orders, if any information in the Service or on any linked website is found to be inaccurate, without prior notice, even after you've submitted your order.

The Company is not obligated to update, amend, or clarify information in the Service or on any associated website, including pricing information, unless required by law. The absence of a specified update or refresh date should not be construed as an indication that all the information on the Service or any related website has been altered or updated.

Indemnification

You agree to indemnify, defend, and hold PHYX Australia along with our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to your breach of these Terms of Service or the documents incorporated by reference or your violation of any law or a third party's rights.

Severability

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, it shall still be enforced to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service, and such determination will not affect the validity and enforceability of any remaining provisions.

Termination

The obligations and liabilities of the parties incurred before the termination date shall continue to exist after the termination of this agreement for all purposes.
These Terms of Service are effective unless and until either you or the Company terminate them. You may terminate these Terms of Service at any time by notifying the Company in writing that you no longer wish to use the Services or by ceasing to use our site.

The Company may also terminate this agreement at any time without notice if we believe, at our sole discretion, that you have failed to comply with any term or provision of these Terms of Service. You will remain liable for all amounts due up to and including the date of termination. We may also deny you access to our Services (or any part thereof).

Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page. The Company may update the terms of service and/or privacy policy from time to time to reflect changes to Company practices or for other operational, legal, or regulatory reasons. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to periodically check the website for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Entire Agreement

The Company's failure to exercise or enforce any right or provision of these Terms of Service shall not be considered a waiver of such right or provision. These Terms of Service, along with any policies or operating rules posted by the Company on this site or in connection with the Service, constitute the entire agreement and understanding between you and the Company, governing

your use of the Service. These terms supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and the Company, including any prior versions of the Terms of Service. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law and Jurisdiction

This agreement is governed by the laws of New South Wales, Australia, and its courts have exclusive jurisdiction. This agreement is not governed by the United Nations Convention on Contracts for the International Sale of Goods or any other similar convention or laws, the application of which is expressly excluded. The Company reserves the right to change the terms of our privacy policy, prices, information, and license terms featured on this website without notice. No action of the Company, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these terms or privacy policy. If any clause of these terms or the privacy policy is found unenforceable, this will not affect any other clause wherever possible, and each will remain in full force and effect.