Terms and Conditions
My Duke Pharmacy (ABN 90 652 675 128) owns and operates the website of domain name www.myduke.com.au (Website). Access to and use of the Website and the products and services available through the Website (collectively, Services) is subject to the following terms, conditions, and notices (Terms of Service). By using the Services, you are agreeing to all the Terms of Service, 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.
Amendments to Terms of Service
My Duke Pharmacy reserves the right to amend these Terms of Service from time to time. Amendments will be effective immediately upon notification on the Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the Terms of Service as amended.
My Duke Pty Ltd (ABN 50 649 314 269) (myduke®) is a separate provider of online services facilitating patient access to medical practitioners to assist you to stop or reduce smoking. myduke® is not a health service provider or pharmacy and does not supply nicotine products or medical services.
myduke® is responsible for operating aspects of the Website for My Duke Pharmacy. Upon creating an account and completing a medical questionnaire on the Website, myduke® will link you with an affiliated medical practitioner, in order to determine a suitable treatment for your condition.
Following, the medical practitioner, exercising their independent professional judgement, may prescribe a medication for you, which may include a nicotine product. If you elect to obtain the prescribed products from My Duke Pharmacy, My Duke Pharmacy will assist you to fill that prescription by dispensing the prescribed products, if appropriate.
After consulting with you over the phone, if the pharmacist considers it clinically appropriate, the pharmacy will prepare the prescription and arrange for it to be delivered by registered express post to your nominated postal address within Australia. Prescriptions will not be dispatched overseas.
myduke® partner doctors and My Duke Pharmacy operates as a managed care model to (i) optimize the benefits of nicotine treatments vs tobacco smoking and (ii) to assist patients quit all sources of nicotine over time. The partner doctors at myduke® reserve the right to cancel the repeats on any prescription that they write, should any patient wish to move to nicotine supply outside of this managed care model.
Telehealth Consultations with Medical Practitioners
While our affiliated medical practitioners will take every care to provide thorough medical advice, there are limitations in telehealth services. Medical practitioners may determine that it is not appropriate to provide a prescription and/or consultation because of your medical condition or history. During a telehealth consultation, the medical practitioner cannot conduct a direct physical examination and may refer you to other services such as a specialist consultation.
Any diagnosis and treatment recommendations are made by medical practitioners by applying their independent medical judgement based on the information you provide. Treatments will only be provided that are clinically appropriate as determined by the medical practitioner. myduke® and My Duke Pharmacy cannot guarantee access to specific treatments.
myduke® does not guarantee that a telephone consultation is the appropriate course of treatment for your particular health care problem. This assessment will be made by your medical practitioner. We encourage you to contact myduke® if you have questions in relation to the treatment you are receiving (using contact details sent to you by email) and myduke® will put you in contact with the affiliated practitioner who is providing your treatment. However, should your other medical conditions change, or your symptoms worsen, you must contact your general practitioner or specialist doctor as soon as practicable. If you require urgent care, you should contact emergency services immediately.
Filling of prescriptions
myduke® doctors and My Duke Pharmacy operates as a managed care model to
(i) optimize the benefits of nicotine treatments vs tobacco smoking
(ii) to assist patients to quit all sources of nicotine over time.
The doctors at myduke® reserve the right to cancel the repeats on any prescription that they write, should any patient wish to move to nicotine supply outside of this managed care model.
All prescriptions provided by our partner doctors are free for patients. Prescriptions are only supplied if treatment is deemed suitable. By accepting these Terms of Service, you agree for your order to be filled by My Duke Pharmacy, for payments to be received by My Duke Pharmacy, for My Duke Pharmacy to manage your orders and prescriptions and for the product to be posted directly to your postal address indicated in your My Duke Pharmacy account.
My Duke Pharmacy does not guarantee that a pharmacist will fill your prescription. A pharmacist will make an independent judgement as to whether the prescription is suitable for your condition.
Any questions about your prescription or a delivery can be directed to the pharmacy responsible for managing your prescription (using contact details sent to you by email).
You can purchase products through the Website at any time (including prescription products if you hold a valid prescription). The cost of the products will be charged to you at the time of purchase.
All charges and prices as shown on the Website are in Australian Dollars.
Method of payment:
You expressly authorise My Duke Pharmacy to process your payment for the pharmaceutical purchases using the payment information provided by you in your My Duke Pharmacy account.
Purchases and delivery
Delivery of products:
All orders, unless requested otherwise by you prior to purchase, are sent by registered express post with Australia Post, and tracking details are provided. For orders over $50, shipping will be free. For orders under $50, a $10 shipping fee will be applied.
While My Duke Pharmacy will take reasonable steps to ensure your order is delivered in a timely manner, it will not be liable for any loss or damage incurred by any person as a result of delay or damage caused by Australia Post, or any other party once the order has been dispatched. My Duke Pharmacy has no control over the goods once dispatched and you accept that My Duke Pharmacy is not responsible for events beyond its reasonable control, such as damage in transit or delivery to an incorrect address.
If you have not received your prescribed goods within 7 days of your order being confirmed, please notify My Duke Pharmacy by email as soon as possible so that the status of the order can be investigated.
Receipt of products
You must inspect the products immediately upon receipt and if the delivered product is not in accordance with the prescription issued to you, you must give notice to My Duke Pharmacy within 2 days of receipt of your order. If you fail to give such notice, the goods are taken to have been delivered in accordance with the specified requirements. No claim will be recognised unless made in writing and received by us within 2 days after receipt of the goods by you. Providing you notify My Duke Pharmacy within this time period of an error or issue in respect of the goods received, and My Duke Pharmacy is responsible under these Terms of Service for that error or issue, My Duke Pharmacy will replace the goods at no cost to you. If you are directed to return the goods to My Duke Pharmacy, you must do so following the instructions issued to you and My Duke Pharmacy will reimburse the return postage fees.
This paragraph is subject to the provisions of the Australian Consumer Law, referred to under ‘Disclaimer of liability’ below.
Title to goods:
Title in the products does not pass to you until payment has been received. Risk of loss or damage to the products passes to you upon dispatch from My Duke Pharmacy.
In providing the Services, My Duke Pharmacy and myduke® will collect, store and use your personal information (including health information). This includes but is not limited to your name, postal address, credit card and payment details, completed medical questionnaire and medical and prescription information provided by medical practitioners. My Duke Pharmacy and myduke® will also disclose your personal information to myduke®’s affiliated medical practitioners as may be necessary to facilitate the Services.
You also consent for My Duke Pharmacy and myduke® to contact you by email or phone in connection with the Services using the email address and phone number you provide when creating your account on the Website.
My Duke Pharmacy reserves the right to withdraw or amend the Services without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the Website.
When you create an account on the Website, you will also be required to create a password. You are responsible for keeping this password secure and are responsible for all use and activity carried out under your account. If you suspect, or become aware of, any unauthorised use or misuse of your account or any other breach of security in relation to your account, you must notify us immediately and take immediate steps to secure your account (including by changing your password).
You must not misuse the Website. You will not:
- commit or encourage a criminal offense;
- transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
- hack into any aspect of the Service; corrupt data; cause annoyance to other users;
- infringe upon the rights of any other person's proprietary rights;
- send any unsolicited advertising or promotional material, commonly referred to as "spam"; or
- attempt to affect the performance or functionality of any computer facilities of or accessed through the Website.
Breaching this provision may constitute a criminal offense and My Duke Pharmacy will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or your downloading of any material posted on it, or on any Linked Sites.
Linking to the Website:
Unless expressly approved by My Duke Pharmacy you must not establish a link to the Website in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
Intellectual property, software and content:
The intellectual property rights in all software and content (including photographic images) made available to you on or through the Website remain the property of My Duke Pharmacy or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by My Duke Pharmacy and its licensors. You may access the content under your own account solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Website, nor may you use any such content in connection with any business or commercial enterprise.
Disclaimer as to ownership of trademarks, images of personalities and third party copyright:
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on the Website are in no way associated, linked or affiliated with My Duke Pharmacy and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on the Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to My Duke Pharmacy.
Disclaimer of liability
Australian Consumer Law:
My Duke Pharmacy’s and myduke®’s liability for failure to comply with a consumer guarantee is limited to:
- in the case of goods supplied by My Duke Pharmacy, the replacement of the goods or the supply of equivalent goods (or the payment of the cost of the replacement or supply), or the repair of the goods (or the payment of the cost of the repair); and
- in the case of services supplied by My Duke Pharmacy or myduke®, the supply of the services again or the payment of the cost to you of having the services supplied again.
Under these Terms of Service, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.
No guarantee of accuracy:
To the fullest extent permitted by law, the material displayed on the Website is provided without any guarantees, conditions, or warranties as to its accuracy.
To the fullest extent permitted by law, My Duke Pharmacy hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the Website or the Linked Sites and any materials posted on those sites or services accessible through the Website (including the medical and pharmaceutical services provided by medical practitioners and pharmacists), irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
My Duke Pharmacy not liable for actions of doctors, myduke® or other third parties:
You agree that medical practitioners and myduke® providing services to you are independent from My Duke Pharmacy and My Duke Pharmacy is in no way liable for the actions or omissions of medical practitioners or myduke® or any other third parties who may be involved in providing the Services from time to time, including but not limited to acts or omissions of those persons which may amount to professional negligence or result in delay in postage, lost deliveries, defective/damaged products or products which do not match the prescription or purchase order.
My Duke Pharmacy not liable for the use of unapproved medicines:
Medicines approved for therapeutic use in Australia are registered by the Australian Register of Therapeutic Goods (ARTG). The products listed on the Website and that may be prescribed by affiliated medical practitioners are NOT necessarily registered on the ARTG and may be unapproved medicines. However, permission has been provided by the Therapeutic Goods Administration (TGA) for the affiliated medical practitioner providing your treatment to prescribe these unapproved medicines to you. You accept all liability for the use or misuse of the unapproved medicines that you order and accept the responsibility of the Sponsor of the importation of these unapproved medicines into Australia on your behalf as outlined by the TGA.
Limitation of liability:
To the extent permitted by law, you agree to release and hold harmless My Duke Pharmacy, medical practitioners consulted through myduke® and myduke® from the dispensing of medication prescribed by myduke® affiliated doctors. The release given by this clause extends to any losses, damages, injury to property or person, and costs incurred or suffered directly or indirectly in connection with: any breach by you of these Terms of Service; any user generated content that you enter into the Website (including your responses to the medical questionnaire) or information provided by you to a medical practitioner or pharmacist during a consultation in connection with your subscription; your misuse of any prescription products or use of a product other than strictly in accordance with the prescription and counselling providing by a doctor or pharmacist; and any breach by you of any applicable law or the rights of a third party (including any third party intellectual property rights).
Limitation of disclaimers:
None of the above affects My Duke Pharmacy’s liability for death or personal injury arising from its own negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
If any part of these Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly, and the remaining Terms will not be affected.
Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these Terms of Service and we take no action, we will still be entitled to rely on our rights and remedies in respect of that breach.
These Terms of Service constitute the entire agreement of the parties in relation to its subject matter and supersede any and all preceding and contemporaneous agreements between you and us.
These Terms of Service are governed by the laws in force in Victoria. You agree that any disputes concerning these Terms are subject to the exclusive jurisdiction of the courts of that jurisdiction.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Your complaints should be directed to email@example.com.