Updated May 2023

1. Application of terms

These Terms of Use apply in relation to your use of this Website. By accessing the Website, you agree to these Terms of Use and agree to comply with any and all applicable laws and regulations, whether domestic or international. If you do not accept these Terms of Use you must refrain from using the Website. These Terms of Use also form part of the Terms and Conditions of Sale and any capitalised terms used (and not defined) have the meaning given to them in the Terms and Conditions.

The Australian Consumer Law or ACL refers to the provisions in Division 1, Part 3-2 of Schedule 2 to the Competition and Consumer Act 2010 (Cth).

1. Parties
   
   “AFT Pharmaceuticals”, “AFT Pharmaceuticals Shop”, “AFTshop”, “we”, “us” or “our” refers to AFT Pharmaceuticals Limited, a company incorporated in New Zealand. AFT Pharmaceuticals Shop is a trading name of AFT Pharmaceuticals Limited. “You” or “Your” refers to you as the user of the website.
2. Your right to use Website and content
3. You may access, view, download and print the content on the Website for the purpose of obtaining information about the Products we provide and any other non-commercial purposes.
4. To the extent permitted by applicable law, any other distribution, copying, reproduction, publishing, transmitting or storage of the content on the Website is prohibited, except with our express prior written permission.
5. AFT Pharmaceuticals reserves the right to alter, suspend or terminate the Website or your subscription temporarily or permanently at any time and without prior notice.
6. If you access or use the Website on behalf of an organisation, you warrant that you have the appropriate authority to do so and you accept these Terms of Use on behalf of the organisation.

1. Your responsibilities

1. You agree to use the Website only for the purposes for which it is being provided. You must not use the Website for any improper, injurious, offensive or unlawful purposes. You must not damage or disrupt the Website.
2. You warrant and represent to us that your use of the Website will comply with all relevant laws, rules, regulations and orders of regulatory bodies in Australia, in relation to your use of the Website and that you will not use our Website for any activities that are unlawful or discriminatory, harmful to others, or for any activity that does, or may, violate the rights of others.

1. Your conduct

You agree that you will not:

1. engage in unlawful, obscene, harassing, intimidating, threatening, predatory or stalking conduct, or conduct that may fall under one of the aforementioned categories;
2. disclose or share your password or login information for the Website with any party;
3. use the Website in a manner that may affect, damage, disrupt, impair, disable, interfere with or prevent the reliability and performance of the Website, or interfere with or attempt to interfere with any other user's use of the Website;
4. copy or impersonate any other person or entity, or misrepresent any of your details including your image (for example by using only arcuate and current photos), name, age, identity, affiliation, connection or association with, any other person or entity;
5. use the Website to promote or solicit involvement in or, support of a political platform, religion, cult, or sect;
6. post a person’s personal information or images without express permission;
7. solicit or engage in any illegal or unlawful activity;
8. use the Service to redirect users to other websites or encourage users to visit other websites;
9. use the Service for any phishing, trolling or similar activities;
10. defraud, scam, hack, swindle or deceive other users of the Website;
11. harvest or collect email addresses or other contact information of other users from the Website by electronic or other means or use the Website to send, either directly or indirectly, any unsolicited bulk e-mail or communications, unsolicited commercial e-mail or communications or other spamming or spamming activities;
12. circumvent, disable or otherwise interfere with security-related features of the Website or features that determine whether you are acting in accordance with the Terms;
13. attempt to access any Website or area of the website that you are not authorised to access; or
14. allow third parties to access and use the Website via your account;
15. collect or solicit another person's personal information or images for commercial, inappropriate or unlawful purposes;
16. use any programs, scripts, bots or other automated technology to scrape or access the Website or hijack user accounts or log-in sessions;
17. embed, frame, include or imitate any part of the Website on another website, application or other platform, without our prior written authorisation;
18. use any kind of code, program or device containing reference to the Website in order to direct any person to any other website for any purpose;
19. resell, rent out or make any commercial use of the Website;
20. use robots, data mining or similar data gathering or extraction methods or otherwise collect any pictures, descriptions, data or other content from the Website;
21. attempt to mislead others as to the origin of any information through the Website by copying, forging or manipulating identifiers such as headers, footers or signatures;
22. use automated methods or processes to use or access the Website or create user accounts;
23. attempt to, or actually gain, unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website;
24. cause harm to our Website by hacking, phishing, introducing viruses, trojans or other programs, scripts or material that may be malicious or technologically harmful to us, our website, Website or other users of our Website; or
25. use the Website other than for their intended purpose.

1. Registration

When you register your details on our Website, you warrant and represent that the details are accurate and that you are the account holder or authorised nominee of the contact number that you provide to us and you agree to provide correct, complete and up-to-date information. You agree to notify us of any changes to this information.

1. Intellectual Property

1. All intellectual property on the Website, including the text, graphics, trademarks, logos and copyright works, the design, structure, selection, co-ordination, expression, “look and feel” and arrangement of such content, is owned by us or our content suppliers or licensors (IP).
2. Access to and use of our intellectual property is granted to you on a limited, revocable, non-sublicensable license, subject to these Terms of Use.
3. You agree that any information or material you submit to our Website becomes the property of AFT Pharmaceuticals.
4. You may not use any IP, logo or trademark displayed on the Website without the prior express written consent of AFT Pharmaceuticals.

1. Product information

1. The information on this Website is general information regarding our Products. It is not a substitute for medical advice from a healthcare professional and is not intended to diagnose, treat, cure or prevent any disease or illness. Always consult your doctor or other qualified healthcare professional with any questions you have regarding a medical condition. Do not disregard medical advice or postpone consultation because of information that you have read on this Website. The Website is intended to provide general information for educational purposes only.
2. Any statements by third parties in any material appearing on the Website are their own views and not those of (nor are they endorsed by) AFT Pharmaceuticals.
3. Reviews on the website are provided without compensation by users of our Products and should be viewed in this context. Reviews are the experiences of real people with Products they have used, not substantiated health claims. Individual results may vary.
4. We aim to list current and accurate Product information on our Website at all times. However, it is possible that errors may occur. We do not warrant that the information on the Website (including the stated availability or unavailability of Products) is complete, accurate or up-to-date and we do not accept any liability in relation to loss caused as a result of such information.

1. Limitation of Liability

To the maximum extent permitted by law, neither AFT Pharmaceuticals, nor any of its employees or agents, will be liable for any loss, damage or injury whatsoever (including for negligence, death, injury or illness and special, indirect or consequential loss or damage such as loss of profits, loss of revenue, loss of goodwill, loss of opportunity, unavailability of systems or loss of data), whether in contract, tort or otherwise, arising from or in connection with:

1. any act, omission or negligence or the use of, or reliance on, information, comments or opinions contained obtained through or in our Website;
2. any, use of the information on or access to Website including if for any reason the Website are unavailable at any time or for any period;
3. any errors in, or omissions from, the information contained in the Website;
4. any malicious or harmful programs, scripts or technologies that may affect our Website as aforementioned, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material;
5. any Goods or services supplied by AFT Pharmaceuticals; or
6. these Terms of Use or any breach of these Terms of Use.

You understand and agree that you are responsible for your own acts, omissions and negligence and if there are any consequences to your acts, omissions or negligence or through your use of the Website, that you will be responsible for those consequences.

To the maximum extent permitted by law, AFT Pharmaceutical’s liability under these Terms of Use shall be limited to any one or more of the following:

1. the replacement of the Goods or re-supply of equivalent Goods or services;
2. the repair of such Goods or services;
3. the payment of the cost of replacing the Goods or services or of acquiring equivalent goods or services or a refund of the purchase price; or
4. the payment of the cost of having the Goods repaired.

To the extent permitted by law, AFT Pharmaceuticals expressly disclaims all warranties of any kind unless expressly stated in the Website or if required under Australian Consumer Law.  Nothing in these Terms of Use purports to exclude any rights or remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified.

This clause survives termination of these Terms of Use.

1. Disclaimers

1. While we do our best to ensure this Website is secure, AFT Pharmaceuticals does not warrant that the Website and/or your use of the Website will be faultless, continuous or virus-free or that any information you provide will not be intercepted.
2. We provide information on the Website on an “as is” basis and use of this information is at your own risk. While we aim to update the Website regularly, neither AFT Pharmaceuticals, nor any of its employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Website.
3. The inclusion of third party brands on our Website does not constitute our endorsement or recommendation of that brand or Product and, to the extent permitted by law, we have no liability for any loss caused by third party products or services shown on our Website.
4. Except to the extent it cannot lawfully do so, AFT Pharmaceuticals excludes all liability to you or anyone else for any direct, indirect or consequential damage, loss or expense arising out of your use of this Website.

1. Hyperlinking

1. You may not link your website to our Website without our prior written consent. If you wish to link to any part of the Website, please email your request to receptionau@aftpharm.com. AFT Pharmaceuticals reserves the right to prohibit links to the Website and you agree to immediately remove or cease any link upon written request from AFT Pharmaceuticals.
2. The Website contains links to websites that are not controlled by AFT Pharmaceuticals (Third Party Websites). AFT Pharmaceuticals accepts no liability as to the content or security of any Third Party Websites.

1. Privacy Policy

Our Privacy Policy forms part of these Terms of Use and can be accessed here: https://au-shop.aftpharm.com/policies/privacy-policy.

1. Governing Law

These Terms of Use are governed by Australian Law. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Australia and its appellate courts.  Although the Website may be accessed throughout Australia and overseas, we make no representations or warranties that its content, or the Products, comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.  This clause survives termination of these Terms.

1. Amendments

AFT Pharmaceuticals may amend these Terms of Use at any time with immediate effect once uploaded to the Website. You are deemed to have agreed to the amended Terms of Use if you continue to use the Website after any amendment.