The Best + Well Website (Website) is owned and provided by From the Fields Australia Pty Ltd (ABN 16 635 358 637) trading as Best & Well (Best & Well, we).
Best + Well is an Australian digital online platform which in addition to selling products has partnered with registered Australian pharmacists and registered Australian medical practitioners who are authorised by the Therapeutic Goods Administration of Australia (TGA) (Authorised Prescribers) to facilitate the provision of access to on-line prescriptions and delivery of medications, including smoking cessation products.
SCOPE OF TERMS AND CONDITIONS
The following Terms and Conditions (Terms) pertain to the access to and use of the Website. By entering or using this Website or accessing any part thereof, users (you) agree to be bound by these Terms and by our Privacy Policy, Returns Policy and Delivery Terms and Conditions, which are incorporated into the Terms. Privacy / Returns / Delivery.
These Terms apply to all adult users of this Website, including without limitation, users who are browsers, vendors, customers, merchants, or contributors of content.
We reserve the right to amend these Terms from time to time by publishing revised terms and conditions to the Website.
It is your sole responsibility to check our Website periodically for changes to the Terms. Your continued use of or access to our Website or use of any services therein constitutes acceptance of those changes.
BEST & WELL ACCOUNTS AND USE OF THE WEBSITE
To purchase products from the Website, you must set up a Best & Well account.
You must be over 18 years to create an account and to access the services offered on the Website. Purchases of some services and products may only be available to Australian residents.
You agree to provide current, complete and accurate purchase and account information. If your account information changes, you agree to promptly update your account and other information so that we can complete your orders and/or contact you as needed.
We may terminate or suspend your access to all or part of the Website, including your account and information, without notice, for any conduct that we, in our sole discretion, believe is in breach of these Terms, in violation of any applicable law or is harmful to the interests of Best & Well, another user, or other third party.
SERVICES AND PRODUCTS
Any healthcare or prescriptions provided to you by a registered Medical Practitioner/Authorised Prescriber or a Registered Pharmacist on the Website are solely the responsibility of the relevant health practitioner. These services are provided independently of Best & Well.
By agreeing to use the Best & Well service, you consent to the Medical Practitioner/Authorised Prescriber sending your approved prescription to Best & Well and the Registered Pharmacist to be dispensed.
Best & Well disclaims responsibility for the obligations of Medical Practitioners/Authorised Prescribers and Registered Pharmacists who provide services on the Website.
Best & Well will not enter any discussion or correspondence, with a Medical Practitioner/Authorised Prescriber, Registered Pharmacist on behalf of any customer.
PAYMENT TERMS AND CONDITIONS
Prices on our Website are in Australian dollars and are inclusive of GST (unless they are exempt from GST).
Prices for our products and services are subject to change without notice. In the event a product is listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers, we reserve the right to refuse or cancel any orders placed for product listed at the incorrect price.
If your credit card has already been charged for the purchase and we cancel your order, we will immediately issue a credit to your credit card account in the amount of the incorrect price.
Payment for products and services are as provided at check out and subject to our payment gateway provider’s terms and conditions. The terms and conditions and the privacy policy of the payment gateway provider can be found here – Vapepay.
When purchasing products, please be sure to provide the exact billing address and telephone number your credit card provider has on file for you. Incorrect information may cause a delay in processing your order.
Your credit card will be billed as soon as your order is placed. This is done to protect the security of your credit card details, as we do not store your card details at any point.
Your personal and credit card information will be provided to the Website’s payment gateway provider. Your personal and credit card information will be held by the gateway payment provider in accordance with their privacy policy. A copy of their privacy policy can be found on their website – Vapepay.
If we cannot fulfil your order, or some items cannot be shipped, we will refund the difference back to your credit card. These refunds may take several business days to appear on your statement.
We do not accept money orders, cashier’s cheques, personal cheques and company cheques.
ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason.
Best & Well does not guarantee that products listed on the Website will be always available for sale and we will not be liable for products being out of stock. Best & Well will use best endeavours to ensure the Website reflects available stocks for sale.
We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.
An accepted order will be an agreement to sell and your agreement to purchase the products as listed on the order. Please see our Returns Policy for details on returns and exchanges of products Returns Policy.
If we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
DISCLAIMER
Unless provided directly to you by an Authorised Prescriber, no information or content provided on this Website is intended to be or should be taken as medical advice, medical diagnosis or treatment.
All information contained on the Website, including information relating to medical and health conditions, products and treatments, is for informational purposes only and may be presented in summary or aggregate form.
The information contained in this Website or on any product packaging or labels is general in nature and is not intended nor is it implied to be a substitute for professional medical advice.
You should always seek the advice of your Pharmacist, General Practitioner, other medical practitioner or qualified health provider when starting any new medical treatment, continuing with medical treatment or with any questions you may have regarding yours or any other party’s medical condition.
WARRANTIES
No warranty is made that any information on or linked to this Website is complete and/or accurate. Information and statements are not intended to diagnose, treat, cure, or prevent any disease. We do not give or provide any warranties whatsoever in relation to any information provided on this Website.
Best and Well explicitly disclaims any responsibility for the accuracy, content, or availability of information found on third party sites that link to or from the Website. We undertake no obligation to update, amend or clarify such information, including without limitation pricing information, except as required by law.
Occasionally there may be information on our Website or in the provision of any service therein that contains typographical errors, omissions or inaccuracies that may relate to product descriptions, pricing, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, omissions or inaccuracies and to change or update information or cancel orders if any such information is inaccurate at any time without prior notice (including after you have submitted an order).
Product images displayed are for representation purpose only. The actual product may differ from images shown.
LIMITATION OF LIABILITY
Best & Well makes no representations or warranties, either express or implied, of any kind with respect to services provided or products sold on the Website.
Except as expressly stated herein and subject to the provisions of Schedule 2 of the Competition and Consumer Act 2010 (Cth)(Australian Consumer Law), Best & Well expressly disclaims all warranties, express or implied, of any kind with respect to products sold or services provided on the Website, including but not limited to merchantability and fitness for a particular purpose.
To the extent permitted by law, you agree that Best & Well’s sole and exclusive maximum liability to you in relation to any loss arising from any product sold or services provided on the site shall be the price of the product ordered or services provided. In no event shall Best & Well its related bodies corporate, its directors, officers, employees and representatives, be liable for special, indirect, consequential, or punitive damages.
INDEMNITY
You agree to indemnify Best & Well and its related bodies corporate, directors, officers, employees and representatives from any claim or demand, including legal fees, made by any third party, due to or arising out of your use of the Website, your breach of these Terms or your violation of any laws.
YOUR CONDUCT
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website, use of the Website, or access to the Website. You agree not to access the Website by any means other than through the interface that is provided by Best & Well for use in accessing the Website.
OUR RIGHTS
We may elect to electronically monitor areas of the Website and subject to our Privacy Policy, may disclose any content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Website, including providing it via third party software for the purpose of fulfilling an order; or (iii) to protect our rights or property or the rights of the users, our directors, employees, representatives, sponsors, third party providers or licensors. We are not responsible for screening, policing, editing, or monitoring such content.
INTELLECTUAL PROPERTY
The content of the Website including text, graphics, logos, images and photographs is protected by copyright law.
Best & Well, Best + Well and all related graphics, photographs, logos, products and service names are trademarks (including unregistered trademarks) of Best & Well or its related entities. These trademarks may not be used in connection with any other product or services without the written consent of Best & Well.
Use of the Website does not give you any rights, title, interest or ownership in any intellectual property rights of Best & Well or its related entities.
APPLICABLE LAWS
These Terms shall be governed by the laws of the state of Victoria, Australia. Any claim relating to use of the Website or the content shall be governed by the laws of the state of Victoria, and you agree to submit to having the matter dealt with in a court in Melbourne in the state of Victoria, Australia.
PERSONAL INFORMATION AND PRIVACY
By entering this site, you acknowledge that your access to the Website may be monitored and tracked by Best & Well. Best & Well does not sell, rent or give away your personal information (including phone numbers and e-mail addresses) and is only used as set out in our Privacy Policy.
In providing any personal information (including your sensitive and health information) through our Website, you agree to us handling your personal information as described in our Privacy Policy.
Best & Well may disclose aggregated customer information related to this Website to others, but in doing so, will not disclose information about any particular individual. Notwithstanding the above, you acknowledge that transmissions to and from this Website may be monitored, intercepted or modified by other parties.
Our partner pharmacists may also collect and store personal information to provide you with products and services that you have requested. Any personal information held by our partner pharmacies will be subject to their privacy policies Pharmacy.
We may amend our Privacy Policy from time to time. We will post any amendments made to our Privacy Policy on our Website.
SITE AVAILABILITY
Best & Well does not warrant that the Website will be available at any time. By using this site, you acknowledge that the Website may not be available for several reasons, including due to matters beyond the control of Best & Well and Best & Well will not be liable to you for any claim in relation to the availability or performance of the Website.
GENERAL INFORMATION
Discontinuing your use of the Website will not affect the terms and conditions in these Terms which are expressed to, or by implication are intended to survive.
These Terms constitute the entire agreement between Best & Well and you.
You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.