Terms & Conditions
Definitions and interpretation
In these Terms and Conditions, unless otherwise indicated:
- Agreement means the Terms of Use, Shipping and Returns Policy, and Earthmade Platform Policy, contained within these Terms and Conditions.
- Australian Consumer Law means the law set out in schedule 2 of the Competition and Consumer Act 2010 (Cth);
- Earthmade Platform refers to the platform upon which a person can access consultations with practitioners and purchase products from our partner pharmacies.
- User refers to a person who accesses or uses the Earthmade Platform or Site;
- User Content means any and all information and content that a User submits to, or uses with, the Site or Services, including without limitation, content in the User’s profile, User reviews and/or postings;
- Site refers to earthmade.com
Terms of Use
- SEV MEDICAL SERVICES PTY LTD trading as EARTHMADE MEDICAL SERVICES (Earthmade, us, we, or our) own and operate the Site. Access to and use of the Site and the products and services available through the Site (collectively, Services) is subject to the following terms, conditions and notices (Terms of Use). By using the Services, you are agreeing to all the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.
- The Site provides a platform for you to access consultations with medical and other health practitioners. Earthmade is not responsible for the advice provided by those practitioners and does not make any representations about their expertise or suitability of the advice provided, or not provided. The Site may also provide you with access to pharmacies or businesses which may dispense products prescribed or recommended by a practitioner. Earthmade is not responsible for the quality or suitability of those products.
Amendment of the Terms of Use
- Earthmade reserves the right to amend the Terms of Use at any time. Any changes will be published on the Site. Amendments will be effective upon publication on the Site. Your continued use of the Site represents an agreement to be bound by the amended Terms of Use.
Linked sites
- The Site contains links to other websites which are not owned or operated by Earthmade, for your information and convenience. Earthmade has no control over websites which it does not own or operate and accepts no responsibility for any loss or damage that may arise from your use of other websites.
Privacy policy
- Earthmade’s Privacy Policy (the Privacy Policy) sets out how we will collect, use and disclose your information. By using the Site, you consent to the collection, use and disclosure of your information in accordance with the Privacy Policy.
- Intellectual property
- Apart from any use permitted under the Copyright Act 1968 (Cth) you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute content on the Site in any way except as expressly provided for on the Site or expressly authorised in writing by Earthmade. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material available on the Site.
- Excluding User Content, you acknowledge that all the intellectual property rights in the Site and Services are owned by Earthmade or Earthmade’s licensors. The provision of the Site and Services does not transfer to you or any third party, any rights, title, or interest in or to such intellectual property rights.
- c. Copyright/Trademark Information. Copyright © 2020, SEV MEDICAL SERVICES PTY LTD trading as EARTHMADE MEDICAL SERVICES. Earthmade™; the Earthmade logo; “Earthmade” (collectively, Marks) are trademarks of SEV MEDICAL SERVICES PTY LTD trading as EARTHMADE MEDICAL SERVICES. You acknowledge and agree that You are not permitted to use Earthmade’s Marks or any third-party marks displayed on our site without prior written consent from, respectively, SEV MEDICAL SERVICES PTY LTD trading as EARTHMADE MEDICAL SERVICES or the owners of such third-party marks.
Eligibility
You must be 18 years of age to use the Earthmade Platform within Australia.
Accounts
a. In order to use certain features of the Site (e.g. the Earthmade Platform), you must register for an account with Earthmade (Earthmade Account). You will be prompted to provide information about yourself by the Earthmade Account registration form. You represent and warrant that:
(i) all required registration information you submit is complete and accurate;
(ii) and you will maintain the accuracy of such information at all times.
b. You may not create more than one Earthmade Account.
c. Earthmade may suspend or terminate your Earthmade Account in accordance with these Terms of Use.
d. You may delete your Earthmade Account at any time, for any reason, by sending an email to support@Dispensed.com.au which includes your Earthmade Account email, full name and your request to delete your account.
e. You are responsible for maintaining the confidentiality of your Earthmade Account login information and are fully responsible for all activities that occur under your Earthmade Account. You agree to immediately notify Earthmade of any unauthorized use, or suspected unauthorized use, of your Earthmade Account or any other breach of security. Earthmade cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
f. We may permit you to login to the Site or Service or otherwise associate your Earthmade Account with your login credentials from certain social networking sites (SNS) (for example, Facebook and Twitter). We may receive information about you from a SNS, in accordance with the terms and conditions of the SNS.
Disclaimers
a. Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy.
b. All information contained on the Site and services is for informational purposes only and is not a substitute for medical or health practitioner consultation.
c. Earthmade is not responsible for your relationship with any practitioners, third party, or other Users of the Site or Services.
d. Earthmade is not obliged to screen third parties to determine whether they are qualified or authorized by law to provide their services or to determine the accuracy of the information they provide.
e. Any information accessed through the Site and Services, or within any of Earthmade’s social media pages or channels is for informational and educational purposes only, is not intended to be a substitute for medical advice, diagnosis, or treatment.
Indemnity
a. In this clause, a reference to Earthmade includes its officers, directors, contractors, employees and agents.
b. You agree to indemnify and hold Earthmade, harmless from any and all losses (including reasonable legal costs and expenses) or liabilities incurred by Earthmade arising from any claim, demand, suit, action or proceeding by any person against Earthmade arising from, in connection with or in respect of:
(i) your violation of the User Terms; or
(ii) your publication of or distribution of any material or information.
c. Subject to any consumer guarantees under the Australian Consumer Law which cannot be excluded, in no event shall Earthmade be liable to you or any third party for any lost profit, or an indirect, consequential, exemplary, incidental or special or punitive damages arising from this agreement and from the use of the Site or inability to use the Site.
Access and use of the Site
a. License
Subject to the terms of this Agreement, Earthmade grants you a non-transferable, non-exclusive license to use the Site and Services for your personal, non-commercial use. Subject to the terms of this Agreement, Earthmade grants you a non-transferable, non-exclusive license to install and use the software Earthmade makes available for mobile devices (Mobile App), in executable object code format only, solely on your own handheld mobile device and for your personal, non-commercial use. As used in this Agreement, the term “Services” includes the Mobile App.
b. Certain Restrictions
The rights granted to you under the Terms of Use are subject to the following restrictions:
(i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services;
(ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services;
(iii) you shall not access the Site or Services in order to build a similar or competitive service;
Modification
Earthmade reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that Earthmade will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.
Communications
Text message
a. Where you have provided us with your phone number, you agree that Earthmade and those acting on its behalf may send you text (SMS) messages. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. Your agreement to receive promotional texts is not a condition of any purchase or service offered by Earthmade. If you change or deactivate the phone number you provided to Earthmade, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. You agree that texts, calls, or pre-recorded messages may be generated by automatic telephone dialling systems.
b. You may opt-out of receiving all text messages from Earthmade at any time by deleting your account or by replying STOP to any text message from Earthmade. NOTE: opting-out of receiving all text messages from Earthmade, may limit your ability to use certain Services. You may continue to receive text messages for a short period while Earthmade processes your request, and you may also receive text messages confirming the receipt of your opt-out request.
c. You may opt back into receiving text messages from Earthmade at any time by notifying Earthmade or by replying START to a text message from Earthmade.
d. Where you have provided your email address, you agree that we may send you emails concerning our Services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.
User Content
a. You acknowledge and agree that Earthmade is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Earthmade does not assume and will not have any liability or responsibility to you or any other person or User for your use or misuse of any User Content.
b. You agree not to use the Site, Services, or any of Earthmade’s social media pages or channels to collect, upload, transmit, display, or distribute any User Content that:
(i) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(ii) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature; or
(iii) in violation of any law, regulation, or obligations or restrictions imposed by any third-party.
c. You hereby grant, and you represent and warrant that you have the right to grant, to Earthmade an irrevocable, nonexclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Feedback
If you provide Earthmade any feedback or suggestions regarding the Site or Services (Feedback), you hereby assign to Earthmade all rights in the Feedback and agree that Earthmade shall have the right to use such Feedback and related information in any manner it deems appropriate. Earthmade will treat any Feedback you provide to Earthmade as non-confidential and non-proprietary. Earthmade will not modify the Feedback. You agree that you will not submit to Earthmade any information or ideas that you consider to be confidential or proprietary.
Acceptable Use Policy
a. You agree not to use the Site or Services to:
(i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data;
(ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
(iii) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
(iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks;
(v) harass or interfere with another User’s use and enjoyment of the Site or Services; or
(vii) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services.
You agree:
(i) Not to submit any false, incorrect or misleading information through your usage of the Site
(i) Not to reproduce, duplicate, copy or re-sell any part of our Site or content, including graphics, icons, logos and service names;
(i) Not to access without authority, interfere with, damage or disrupt any part of our Site, including:
any equipment or network on which our site is stored;
any software used in the provision of our site; and / or
any equipment, network or software owned by any third party
b. We reserve the right (but have no obligation) to review any User Content (including any image files or reviews), investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your Earthmade Account in accordance with these Terms of Use, and/or reporting you to law enforcement authorities) if we in our sole discretion suspect that you have violated the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.
Third-party interactions
During use of the Site or Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers including practitioners, pharmacies, advertisers, or sponsors showing their goods and/or services through the Service. Earthmade is not a party to any transaction that you may enter into with a third party. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third party. Earthmade shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction, or promotion between you and any such third-party. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.
Third-party materials
The Site or Services might display, include, or make available third-party content (including data, information, articles applications or other products, services and/or materials) or contain links to third party websites, services, and advertisements for third parties (Third-Party Materials). You acknowledge and agree that Earthmade is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Earthmade does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk. When you link to a Third-Party Material, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Material.
Deals
The Site or Services might display, include, or make available coupons, promotional codes, giveaways, samples, and other offers (Deals). Deals constitute Third-Party Materials under these Terms of Use. Earthmade displays these Deals on the Site and Services as a form of advertisement for the third party only. All Deals are offered directly by the applicable third party, and may be subject to additional terms, conditions, or restrictions, whether or not such additional terms, conditions, or restrictions are expressly included on the Site or Services. The relevant third party, and not Earthmade, is solely responsible for:
a. redemption of the Deal;
b. compliance of all aspects of the Deal with applicable law (including without limit, the advertisement, redemption, and terms, conditions and restrictions related thereto);
c. all goods and services it provides to you in connection with the Deal;
d. and all losses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Deal or not.
Other Users
Each User of the Site or Services is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content. Earthmade makes no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Users are solely between you and such User. You agree that Earthmade will not be responsible for any loss or damage incurred as the result of any such interactions. Earthmade is under no obligation to become involved or assist in the resolution of disputes between Users.
Release regarding other Users, Third-Party Interactions or Third-Party Materials
You hereby release and forever discharge Earthmade (and our officers, directors, contractors, employees, agents, successors, and assigns) from, and hereby waive and relinquish your rights with respect to, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Service users, Third-Party Interactions, or Third-Party Materials.
Term and termination
a. Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services.
(i) We may suspend your rights to use the Site and/or Services (including your Earthmade Account); or
(ii) terminate this Agreement,
at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your Earthmade Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your Earthmade Account involves deletion of your User Content associated therewith from our Site, Services, and live databases. Earthmade will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Earthmade Account or deletion of your User Content.
b. Even after this Agreement is terminated, the provisions of this Agreement which are capable of operating will remain in effect.
Jurisdiction
This Agreement is governed by the laws of the State of Victoria.
Dispute resolution
a. Pre-Arbitration dispute resolution
We are always interested in resolving disputes amicably and efficiently. Attempts to informally resolve any dispute must be exhausted before any formal legal proceedings or arbitrations may be commenced. Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@earthmade.com. If such efforts prove unsuccessful in the reasonable opinion of Earthmade, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (Notice). The Notice to us should be sent to the address identified in the contact details below.
b. Arbitration
Except for disputes brought in small claims court or tribunal, all disputes between you and Earthmade arising out of, relating to or in connection with the Site or Services shall be exclusively settled through binding arbitration pursuant to the then-current rules of Victoria for commercial arbitration. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. This arbitration agreement is subject to Victorian Law. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in this Agreement to the contrary, we agree that if Earthmade makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice of to Earthmade. If the arbitration in this Section is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in Victoria, Australia. You hereby accept the exclusive jurisdiction of such court for this purpose.
c. Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
d. Future changes to dispute resolution
Notwithstanding any provision in these Terms of Use to the contrary, Earthmade agrees that if it makes any future change to this Arbitration Agreement (other than a change to our contact details) while you are a User of the Service, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to our address provided in Contact details section below. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
Booking Policies
Consultation cancellations
Your appointment is important to us and is reserved especially for you. We understand that life can sometimes get in the way and changes and cancellations may be necessary. Should you need to make changes to your appointment, we kindly ask that you provide a minimum of 24–48 hours’ notice. This policy is in place to allow your practitioner to offer your allocated time to another patient. You will be charged a cancellation fee equal to the cost of the consultation for any missed or cancelled appointments where you have provided less than 24 hours’ notice.
Consultation refunds
Earthmade charges a consultation fee on behalf of our Earthmade Practitioners. This consultation fee is charged at the time of booking and is non-refundable.
Prescription Shipping and Returns
Prescription Delivery & Returns
Dispatch, delivery and refunds of prescription products are per our partner pharmacies’ terms and conditions (as well as any other relevant policies.) By accessing these services through Earthmade, you agree to our partner pharmacies terms and conditions and any other relevant policies.
Partner Pharmacy Terms of Sale
We work with our independent partner pharmacies to fulfill your prescription. All goods purchased from our Partner Pharmacies are subject to the following terms and conditions.
Acceptance of Good
To ensure your privacy and the safe delivery of your products, all of our pharmacy deliveries require a signature upon acceptance. Please ensure you have allocated a delivery address where someone will be available to sign for your delivery between the hours of 9am–5pm, Monday to Friday. Prescription products cannot be given an authority to leave direction. If no one is present to sign for your products, your package will be taken to the nearest post office for collection and a card with collection instructions will be left at your address.
Title & Risk
The sale occurs upon your order leaving the dispensing pharmacy and the title to the goods pass to you at that time. You are the legal owner of the products, are responsible for those products and the products are at your risk upon delivery.
Returns & Refunds Policy
Our website’s returns policy is in addition to your rights under Australian Consumer Law. This policy applies for online orders via our partner pharmacies only.
Unfortunately, refunds may not be provided on prescription items, pharmacy medicines or pharmacist only medicines. This is due to state health regulations as the products are unable to be returned to stock or re-sold after leaving the premises. Storage conditions and therefore, effectiveness of the medication, are unable to be guaranteed once this has occurred.
Please contact Earthmade if the item is:
• Faulty or is not as described;
• Significantly different to what was advertised;
• The product is unsafe; or
• Not of acceptable quality
Earthmade and the Partner Pharmacy reserves the right to return the product to the manufacturer for further evaluation. The outcome of this evaluation will be provided and no refund or replacement will be provided if the item was damaged due to misuse or neglect.
No returns, refunds or exchanges will be offered for changes of mind.
Damaged or Incorrect Products
Please contact Earthmade within 3 days of receipt of the products:
• If your products arrived damaged; or
• If the incorrect item was delivered.
You may be required to provide us with an image of the damaged or incorrect product in order to process a refund or replacement. The cost of freight will be covered for these returned products.
Pay-as-you-need model
Earthmade operates on a pay-as-you-need model. We do not offer subscription or automatic repeat-delivery services.
Through our Services, you can request and purchase medication and related products from time to time as needed. Each order is placed and charged separately at the time you choose to order.
Supply of any product is always subject to:
• a valid prescription (where required);
• clinical appropriateness as determined by your treating practitioner; and
• product availability through our partner pharmacies.
Your treating practitioner may recommend or require periodic clinical reviews or follow-up consultations before continuing or repeating treatment. Any such requirements will be explained to you during your consultation.
Earthmade, your treating practitioner and/or our partner pharmacies may decline, delay or adjust an order where:
• your prescription has expired or is no longer clinically appropriate;
• there are safety, regulatory or supply constraints; or
• further clinical review is required before supply.
You are responsible for ordering with sufficient time for processing and delivery. Earthmade is not responsible for interruptions to your treatment where orders are placed late, prescriptions have expired, or delays occur due to factors outside our reasonable control (including courier delays or supply issues).
